H1B Grace Period Question

[Srinivas Karnakanti]

Situation: H1B Laid off

Termination date: 27^th Nov 2019

Grace Period End Date: 24^th Jan 2020 (60 Days)

Description: I have offer from employer A on 7^th Jan 2020 and condition of this offer letter is, have to join the employment with employer "A" on Approval Notice (Approved I-797).

Based on above conditions and circumstances, I am expecting that employer “A” will file my H1B transfer premium petition to USCIS before 24^th Jan 2020 and may or may not get the approval notice before 24^th Jan 2020.

Question: With H1B transfer Petition receipt (without on boarding employment with Employer A), can I stay in United States after 60 days grace period. Is my status valid? Or I have to join or onboard the employment with Employer “A” on or before 60 days grace period?

Please clarify. It helps me a lot.

[User099]

You can stay, you just need the petition to be filed by jan 24th. If its Premium processing, it should not take long for approval.

[gopalakrishnach]

can I stay in United States after 60 days grace period  --- YES

Is my status valid? -- YES

I am not an expert just my personal opinion.

[SRK_003]

On 1/8/2020 at 10:52 AM, Srinivas Karnakanti said:

Situation: H1B Laid off

Termination date: 27^th Nov 2019

Grace Period End Date: 24^th Jan 2020 (60 Days)

Description: I have offer from employer A on 7^th Jan 2020 and condition of this offer letter is, have to join the employment with employer "A" on Approval Notice (Approved I-797).

Based on above conditions and circumstances, I am expecting that employer “A” will file my H1B transfer premium petition to USCIS before 24^th Jan 2020 and may or may not get the approval notice before 24^th Jan 2020.

Question: With H1B transfer Petition receipt (without on boarding employment with Employer A), can I stay in United States after 60 days grace period. Is my status valid? Or I have to join or onboard the employment with Employer “A” on or before 60 days grace period?

Please clarify. It helps me a lot.

Hello,

I'm in the exact same situation. My new employer filed for LCA currently. Have you checked with your employer's attorney to see what is the best step forward? I sent an email to my attorney waiting to hear from them. Some attorneys are saying we should not stay beyond 60 days if we are not working and some say it is ok.