H1B Transfer during 60 day grace period


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Hi All

I am on a H1B visa and my employment with Company A ends on May 31st, 2017 and I have accepted an offer from Company B but the visa process is yet to be started. Without the premium processing, H1B receipts are taking 2-3 weeks plus there would be another 5 days needed to procure a LCA. So I am looking at a timeline of about 30 days before I can join Company B.

I was hoping to use the new 60-day grace period rule (https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs) to transition to my new employer during the period when I will be unemployed. 

Can I start working with my new employer once USCIS receives the H1B transfer petition or do I have to wait for the receipt before I start my employment?

Based on this link ********** it seems that I cannot start employment during the grace period unless my petition is approved. Is this true? Given the current processing times (without premium processing), it seems highly unlikely that my petition would be approved within the 60-day grace period.

Looking forward to replies to my queries.


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  • 2 weeks later...

I am in the same boat as you. Employer B is transferring my H1-B. My employment with company A ended on 19th May 2017. Employer B filed my visa on 22nd May. Today its 8 june. I am still waiting for the receipt. Employer B said me I can start employment in the grace period on the receipt

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  • 3 weeks later...


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