H1B 60 day grace period question

[dsan]

Hello All,

I was laid off on Nov 09 (2022) and on WARN till Jan 13. Assuming the 60 day timer starts on Nov 09, the last day is Jan 06 2023. 

Question:

- Should I start at a new place before Jan 06 OR an employer has to file an H1B before Jan 06 and the start date can be later (Jan 30 in my case). Will I be considered in status from Jan 06 to Jan 30 while USCIS is processing the application...? 

Thanks,

DSan

[Attorney_15]

To maintain H1B status beyond the 60-day grace period, generally a person's new employer must file the H1B petition within the 60 day grace period and with a start date within the 60 day grace period. 

Even though H1B portability permits the beneficiary to work once the receipt notice is received as proof of filing, the beneficiary is not required to start work until the H1B petition is approved.