H1B Transfer - New start date

[Hyndu]

Hello,

My last job ended on June 15,2021 and i am currently on H-1B 60-day grace period. I was offered a new job this week and prospective employer initiated H-1B Transfer . Immigration lawyer is filing the petition with the start date as August 9th, 2021. But employer wants to start on August 30th.

Employer says by that time they will have an update on case status and also the company needs time for IT Setup after the petition is filed. And also immigration lawyer supports saying that as long as it is filed in the grace period it is good to go.

      I am still concerned what status i will be on between August 15th - August30th ? As per my understanding H-1B status will not be active until i join the company .

      Is it true information that filing a petition is good to go ?

Thank you in advance.

[Zodiac System]

Your petition is being filed with start date of August 09, 2021. It is before your 60 days grace period ends.  When you receive your H1b approval notice from USCIS, it will have a start date of August 9th.  You are good.

[LeaveMessageH1B]

On 7/27/2021 at 11:27 AM, Hyndu said:

As per my understanding H-1B status will not be active until i join the company .

Correct.

Your 60 day ends on Aug-15, so you need to leave country and come back with new stamp/approval to join on Aug 30.

If you're trying to avoid going out of country then join before 15 Aug on receipt notice if your future employer allows you to.

On 7/27/2021 at 11:27 AM, Hyndu said:

what status i will be on between August 15th - August30th ?

No status, if you stay in US during that time- it will be considered un-authorized stay and that is illegal. 

[gopalakrishnach]

And also immigration lawyer supports saying that as long as it is filed in the grace period it is good to go. -- I feel this is TRUE.

I feel what your new employer is doing is correct...