Pray4Approval Posted August 10, 2023 Report Share Posted August 10, 2023 I had to start a new job on receipt and my H1b transfer is in progress. My last day with previous employer is June 30. If my case was denied before end of grace period (Aug 29), can I refile an application and continue to stay in the US and restart working once I get the receipt for the second application? Or do I have to leave the US and wait for approval? Is H4 EAD still valid during this time? Thanks! Quote Link to comment
Attorney_13 Posted August 14, 2023 Report Share Posted August 14, 2023 An individual is permitted to use the grace period only once per validity period. If, however, a transfer H1B Petition is filed while the individual is still working for the H1B employer pursuant to a valid H1B Petition, the grace period has not been used. If the transfer Petition is subsequently denied, assuming the I-94 card remains valid, USCIS has indicated that the individual may be eligible for the 60-day grace period from the date of denial (or until the date the I-94 card expires, whichever is earlier). Please note that during the H1B grace period, the H4 spouse is likely to be considered to be maintaining status. Please also note that the information provided therein is general in nature and not tailored to you specific circumstances. If you have specific questions about your situation, I would recommend contacting a qualified immigration attorney, who can provide personalized guidance. Quote Link to comment
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