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mgp09

H1b approved but starting job after 60 days

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Hi All,

I lost my job about 55 days ago. My new H1b was filed some time ago and approved. But due to company policy (they need physical copy of i797A in hand) I will not be able to start work before 60 days after my last job. In case I am not on payroll within 60 days will this be considered as out of status even with approved H1b? Will it have any consequences on H1b extension/stamping?

Edited by mgp09

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Was this new H1b filed in premium processing?  If yes, your employer/attorney would have received an email confirmation form USCIS of its approval which is valid.  Your new employer is associated with an attorney who is guiding him, so I think you should be good. 

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60 days is tied to grace period or stay after getting laid off/ termination from job, I am aware that any presence in US from 61st day will count as illegal presence without proper approval. 

Have a word with future employer's attorney, they can clarify the legality and can guide you for stamping.

On 7/9/2021 at 6:13 PM, mgp09 said:

My new H1b was filed some time ago and approved

Based on this, you should be good.

On 7/9/2021 at 6:13 PM, mgp09 said:

consequences on H1b extension/stamping?

Any gaps in status will surely have consequences .

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