I’m in the process of having another company file a petition to transfer my H1B. If I quit my current company in the next 2 weeks, will I be considered out of status immediately or do I have a grace period of 60 days? I was reading a few forums/immigration lawyers’ posts online and they mention “8 CFR § 214.1(l)(2),” under which, an H1B candidate is given 60 days. Would appreciate some clarity on this rule, how it would work and if I could get references of immigration lawyers I can contact.
Why to quite before new H1-B gets approved? Have you thought, what will happen if its gets denied / get an RFE?
H1B COE with PP is super fast now. You don’t have to take the risk.
So you recommend putting in the 2 weeks after the petition has been approved? I might not be giving as much time; spoke with the manager and reached a consensus that perhaps greener pastures are best bet for both parties
My COE was filed half a month ago on day D. Email receipt on D+2, approval email on D+4. But on the other hand the risk of denial is relatively low? RFE is fine.
I believe there is some condition around laid off vs quiting. Play it safe rather. Talk to attorney. Lawtrades.com you could get answers for all in $100-200
Yes, as far as I heard there is a grace period, attorney will give you the exact answer (Sry, don't have any attorney references as I've worked only with my employers attorney). One thing, I'm not sure why do you want act fast and add some risk. Better to be patient and give a notice once approved. I'm in the same situation, will provide a notice once approved. This will cause a delay in joining so the joining date needs to be postponed. I've already given a heads up to the recruiter even before accepting offer. Typically current job is just a backup if h1b transfer didn't go well.
You have 60 day grace period.
I quit a job and the second company filed my visa on the 59th day. I am fine
So did you have to do anything to “avail”/start the grace period by informing the immigration team or did you just put in your notice and waited?
No USCIS knows it. 60 days from the last day on your old company when they revoke your h1b, before which a petition has to be filled. I hope you have an approved h1
You can join other company on receipt notice..
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