H1B Grace Period

New dxIp87
Oct 17, 2018 11 Comments

I just requested H1B visa transfer, but my actual start date will be Nov 19. My current employer are not happy that I am leaving and he will terminate my job by the end of this month.

I found out, that I have 60 days grace period to change a company in case of termination.

This rule was introduced in January 2017 and with a lot of new changes in H1B process I just want to be sure that I still have this 60 days grace period?

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TOP 11 Comments
  • Amazon npYz41
    Is it possible to leave the country and return when transfer is complete?
    Oct 17, 2018 3
    • Amazon whut
      Yeah if lawyer ok's the travel take this opportunity to visit family
      Oct 17, 2018
    • Amazon npYz41
      So it wouldn't be cap subject? Also would transfer still be valid since previous employer would withdraw current petition right?
      Oct 17, 2018
    • Amazon / Eng PanLoot
      It would be ok as long as you enter US with new approved I-797
      Oct 18, 2018
  • PayPal Iam-batman
    Is your new visa approved. If yes 1-2 weeks gap does not matter
    Oct 17, 2018 2
    • New dxIp87
      OP
      Not approved yet, but USCIS receipt should be issued
      Oct 17, 2018
    • PayPal Iam-batman
      Moving on receipt is another issue but I spoke to an attorney(paid for consultation) and he said in long run 1-2 weeks gap does not matter
      Oct 17, 2018
  • Apple / Eng Marijuana
    You’re fine. But... why would you tell your current employer so early? 2 weeks bro.
    Oct 18, 2018 0
  • Amazon / Eng PanLoot
    Ensure that you recieve uscis receipt before leaving the current company, i am in similar boat and it is taking longer than expected for uscis to issue the receipt these days.
    Oct 18, 2018 0
  • PayPal Ssupp!
    60 days! Check with your new company attorneys.
    Oct 17, 2018 0
  • Postmates qHQW66
    Its still 60 days.
    Oct 17, 2018 0

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