Do I have 60-day grace period?
1. Laid off from company X 2. Join company Y on H1b receipt 3. Company Y’s H1b request denied 4. Grace period? Follow up: what if 60 days have not passed since the lay-off?
You need to leave the US within a "reasonable" time. USCIS idea of "reasonable" is a week or so.
You can always file another H1b request. Talk to a lawyer, don’t let the stupid USCIS folks run you down. Be strong
He will have to file that from outside the US as he now has no legal status in the country. Technically it's ICE who will run him down.
No side effect within 6 months if you can find something within 6 months.
Sorry that's not his situation. He has no valid h1b right now. His old one is cancelled and his new one denied. You are talking about what happens if you get laid off, have a valid h1b, but are not currently employed, which is a different situation and in that case you with have the 60 days.
How can you have a valid h1b visa without employment? Also, you have 60 unemployed days on h1b no? So if you're laid off - you're still in h1b status - as in I94 is valid for another 60 days before you're considered out of status - this is assuming OP did not have any other period of time where they were not employed on H1b.
Can you provide more infor? What's your current role? Reason for transfer denial?
Sounds like the OP flamed out in a junior position. Buh Bye.
Keep us posted on what did the lawyer say
You lose the 60 day grace period as soon as you start working again. And you don't get the grace period for denials. You are effectively out of status. Double check with lawyer.
What ended up happening with you? I am in a similar situation.
Talk to a lawyer. My understanding, having worked with immigration lawyers, is that no, you do not have a grace period.