Urgent: Question on grace period on H1

VMware
zsh-

Go to company page VMware

zsh-
Mar 17 11 Comments

Asking for a friend who is not on Blind rn.

How does the grace period during unemployment of H1B work?

1. Does the 60 day timer stop when we file H1B transfer and USCIS sends us the receipt?
Or
2. Does the 60 day timer stop when we start with the job?

There are varied opinions on internet, hence asking.

Blind tax : 250k

#immigration #question

comments

Want to comment? LOG IN or SIGN UP
TOP 11 Comments
  • Airbnb
    BruhWat

    Go to company page Airbnb

    BruhWat
    Talk to a lawyer
    Mar 17 2
    • +1

      Each situation is different. For an example there is no 60 days if your original status was scheduled to expire faster. If you had only 30 days left on existing H-1B - you do NOT get 60 days, you get only 30.
      Mar 17
    • VMware
      zsh-

      Go to company page VMware

      zsh-
      OP
      My friend is already in touch with the law firm. But they are taking time to respond, hence posted here.

      Not taking any response as advice but just want to know from experience.
      Mar 17
  • Apple / Eng
    $apple

    Go to company page Apple Eng

    $apple
    The 60 days grace period stops when a receipt is generated when H1B is filed with uscis
    Mar 17 0
  • It’s until application is received by USCIS (H1B or any other status change receipt restores your status).

    https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.1
    Mar 17 0
  • Amazon
    codekarmaa

    Go to company page Amazon

    codekarmaa
    I am not sure exactly whts the rules even I searched online abt it its very confusing. But if ur new employer send H1b transfer lets say via fedex to uscis 60 day stops and would advice to work from that day itself. Basically I am thinking uscis is interested no of days gap between last day of pay of previous job and first day of new job should not be more than 60days. If you get severance package from previous employee than things change grace period can be moved to 120days assuming severance package is for 60days. But my advice would be dont delay in joining. Your frnd can join immediately once h1b petition is sent
    Mar 17 1
  • Amazon
    kd437hj

    Go to company page Amazon

    kd437hj
    As soon as your application reaches USCIS, you can start work for new employer. And once you file I-9 , your 60 days clock stop ticking
    Mar 17 0