H1B transfer LCA filed within grace period but with begin date after grace period end date.

[AKS_23]

I am in H1B 60 day grace period, and new employer filed LCA for H1B transfer within the grace period, but the begin date they mentioned in the LCA is after the end of grace period. Following are my concerns:

1. Is it possible to start working for the employer once I receive the receipt notice (or even the approval notice) even though the LCA begin date is later?

2. Is this going to pose any problems in future for say H1B stamping or for PERM and I-140 filing if there's a more than 60 day gap between my last employment end date and this new employment start date? If answer to Q1 is yes, should I start working for the employer before the 60 day period?

Additional info: The employer's immigration representative told me that

* I maintain status once H1b transfer is filed and so grace period clock should stop the day filling happens, and

* I cannot start working for the employer before the begin date mentioned in the LCA.

 

Are there other options to consider?

[Attorney_15]

The information provided by the immigration representative is interesting. The question that does not seem to be addressed in what has been posed is what is the legal status of the period between the end of the grace period and the start date of the H1B/LCA. USCIS can only approve an H1B Petition for the time period request, which matches at least the start date of the LCA. In this example, it seems that this assumes a situation where the start date of this petition would begin after the grace period concluded. Generally, if the start date is the day after the end of this grace period this should be approvable so long as the requesting petition is filed before the end of the beneficiary's grace period.