mgp09 Posted July 9, 2021 Report Share Posted July 9, 2021 (edited) 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 July 9, 2021 by mgp09 Quote Link to comment
Zodiac System Posted July 12, 2021 Report Share Posted July 12, 2021 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. Quote Link to comment
LeaveMessageH1B Posted July 12, 2021 Report Share Posted July 12, 2021 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 . Quote Link to comment
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