Does a gap between H1B transfer approval date and start date count as unemployment? Will it shorten the 60 day grace period?

[KalaK11]

Hi all,

I hope you are well. I was laid off from Company A and filed for an H1B transfer to Company B within the 60 days. I plan to wait until I receive the approval notice, plus an additional week, for cross-country relocation and planning. So, my start date at company B is going to be almost a week or two after my approval date.

My question is, if I start working at Company B a week or two after receiving the approval notice for H1B transfer, will this gap between the approval and start date count towards unemployment? If yes, will I have 60 - (number of gap days) left in my grace period in case I am laid off from Company B?

[Zodiac System]

 

Answer to your question - After company B lays you off on a new H1b you will get 60 days of grace period to find/transfer to another employer.

[JoeF]

The 60 day grace period just means a new employer has to file an H1 transfer within 60 days.

If you are in the US, you have up to 60 days to report to work for the new employer. This allows enough time to move to the new job location (somebody entering with a new H1 has 30 days.)

Source: 20CFR655.

[JoeF]

That's up to 60 days to report to work for the new employer after the H1 approval.