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

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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?

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Hey there!!

the time between your H1B approval and start date usually doesn’t count as unemployment since you’re moving to a new job. You should still have the full 60 days available if something happens at Company B. It might be good to talk to an immigration attorney for more specific advice.

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