Saku Posted June 21, 2021 Report Share Posted June 21, 2021 I was laid off in the last week of April. My 60 day grace period ends in June. I got another job in early June and my new employer has filed for my H1B transfer in premium processing. The filing was done 1 week before my grace period ends. Since it has been filed in premium, the approval window ends 1 week after my grace period ends (15 days total). 1. According to USCIS rules, do I need to be working and getting paid by the 61st day of grace period or is it sufficient to have a pending H1B transfer petition filed by the 60th day to stay in the country legally? My new employer informed me that my joining date will be 2 weeks after my H1B transfer approval comes through. 2. Am I allowed to stay in the country legally while waiting to join new employer with an approved H1B transfer - especially when I am already out of the 60 day grace period ? So if my H1B transfer approval comes through 1 week after the 60th day, and I start work 2 weeks after that - technically I will be starting work 3 weeks after the 60th day. Can I legally stay in the US these 3 weeks without working ? Quote Link to comment
JoeF Posted June 23, 2021 Report Share Posted June 23, 2021 If the H1 is filed before the grace period ends you are legal. Once approved you have up to 60 days to report to work for the new employer. Quote Link to comment
Saku Posted June 30, 2021 Author Report Share Posted June 30, 2021 On 6/23/2021 at 6:21 PM, JoeF said: If the H1 is filed before the grace period ends you are legal. Once approved you have up to 60 days to report to work for the new employer. Thanks ! Quote Link to comment
yk_questions Posted January 14 Report Share Posted January 14 Hi- I have filed for H1B change of employer with employer B on 55th day of my grace period(since I have been laid off by employer A).But employer B suggested me to join only after the petition is approved which will be after 60 days(may be on 70th day since it is filed in Premium).Can you please advise if it is okay to join the new employer after 60 day grace period.Does it have any future implications? Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.