60 Days grace period rule and double termination


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I am in terrible situation here. Experts please help.

Large corporate Company A was holding my H1-B visa and my I-94 valid till August 2019. I got terminated by company A on Dec 11th 2017 due to limited restructuring. Meanwhile Staffing Company B started my H1-B transfer and is in pending status. I started working for company B, but due to budget issue end client is not going to extend my contract beyond Dec 31st 2017. So now Company B is also going to terminate me on Dec 31st.

Will I be out of status on Jan 1st 2018 or will be able to legally stay in US under 60 days grace period rule from company A's termination ?

Also I got full time job offer from company C, if my status is good on Jan 1st, Can they initiate my H1 transfer based on Company A's approved H1 and 60 day grace period eligibility ? Hopefully they will do it before my 60 grace period end date (Feb 9th 2018) from Company A's termination.

Appreciate guidance from experts on 60 days grace period rule and my legal status on Jan 1st as per situation explained above. 

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6 hours ago, Phani981 said:


My project is going to end by Jan 2018, if I don't get project by the time my company terminates me in Feb 1st week.

My PED/VISA in July 2018.

am I eligible for 60 days grace period after termination? Pleas reply with your valuable suggestions.



If your company terminates you and if you have approved H1 then you get 60 days grace period or till end of your I-94 which ever is shorter.

So in your case if you have valid H1 and I - 94 valid till July 2018 then suppose if you get terminated on Feb 1st you get 60 days to find new employer and initiate H1 transfer or change status to F1/H4 etc or prepare to leave the country.

Since you have almost 1 month to find new job try to find good end client rather than relying on 60 days grace period rule. As this regulation gives discretionary authority to USCIS person adjudicating your case to give or not to give or give less than 60 days grace period. They may approve COS with consular processing (with out I-94)

Good Luck

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Does this 60 days grace period rule applied even when the H1B transfer is denied ? 

1. In my case old petition with Employer A which is valid till Jan 31 2019 is in status "Correspondence received, USCIS reviewing" i.e. Employer A filed for withdrawal.

2. H1B transfer to Employer B is denied on Jan 8 2018 and I'm out of job since vendor terminated my contract. 

Do I still have 60 days grace period or it is valid only for terminated employees but not for other denial cases ? 

Please guide.

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