H1B 60 days Grace Period USCIS Rule, Lay Off, H4 EAD Validity

H1B 60 days grace period allowed on job loss. H4 EAD can work. Grace is i94 expiry day or 60 days. Join transfer employer on receipt. File H4 COS or F1 to stay.

Written by Am22tech
  By Am22tech      Updated  11 Nov, 19

  226    


H1B 60 days Grace Period Meaning

You can stay in US for 60 days if you lose your H1B job. USCIS allows a grace period of up to 60 days for non-immigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status.

The H1B 60 days grace period means that you will not be considered “out of status” for almost 2 months after your unemployment. This will give you the opportunity to look for other employer or apply for a visa change of status.

H1B Grace Period Start Day

The grace period will start immediately after the last day of employment and not from the last pay stub/salary day.

In some states like California, the state law makes it mandatory to give 60 days notice period to employee along with severance pay. An employee is paid salary but is not expected to work during this period.

In this case of lay off, you will actually get 120 days (60 by state + 60 by USCIS). There is no clear guidance by USCIS as to state law. My suggestion is to still count this state law’s 60 days as your USCIS 60 day grace period to avoid any issues or talk to your attorney before taking any decision.

 

60-Day Grace Period vs i94 Expiry

You get up-to 60 days or until the expiration date of the current I-94, whichever period is shorter. You can use this grace time to file H1B transfer, apply for a change of status or prepare to leave USA.

You can file H1B to H4 change of status application if your husband or wife is currently on H1B. The better and faster option would be go visit Mexico or Canada and get H4 visa stamping. You can then re-enter US using H4 and then immediately apply for H4 EAD.

Some people also file H1B to F1 COS too. I strongly recommend to not join Day 1 CPT program in desperation to stay in US though.

Example:

If you are fired by H1B employer and your i94 is valid for next 28 days, you only get 28 days as your grace period. Full 60 day grace will only be available if you have longer i94 expiry.

How to Request H1B 60 days Grace Period

There is no official USCIS form for requesting the grace period. You can file a standard H1B transfer (change of employer or change of status) during 60 day period.

If you want, you can add a cover letter with your application explaining the lay off situation. But, its not required officially by USCIS.

Can H4 EAD Spouse Work

The H4-EAD is attached to valid H4 status, which in turn is dependent on valid H1B status.

In 60 day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll.

This means that H4 status also remains valid for those 60 days. Hence, H4-EAD remains valid and H4 EAD spouse can keep working for those 60 days as per my understanding.

H1B Carry Over Un-Used Grace Period days?

The 60 day grace period must be used in one chance. Your un-used days cannot be carried over to another grace period.

60 Grace period single block is only available once per the H1B petition’s validity period.
Example:

If you lose your job, use the grace period, and then file H1B transfer to get a new H1b sponsored job, you are eligible for using the grace period again, if required.

NOTE:

If you resign and rejoin the same employer A after say 45 days of grace period using the same existing H1B petition (no new petition was filed since you re-joined the same employer again), and then later same employer A terminates you, while still on the same H1B approval, you don’t get another 60 days.

If an H1B extension had been filed and approved with employer A i.e. a new H1B approval validity period has started, then you are eligible for a new 60 days grace period.

Can USCIS Deny Grace period?

USCIS can deny or cancel the H1B 60 grace period.

The USCIS reserves the right to shorten or deny the grace period of an individual on the basis of violation of status, unauthorized employment during the grace period, fraud, or criminal convictions.

H1B Transfer And Starting Work

You can start working with new H1B Transfer employer as soon as you file change of employer petition. The ideal situation would mean that you should have received the USCIS receipt number.

Usually, if you send your H1B application by Fedex and USCIS has received it on or before 60th day, you are allowed to start work.

Can I QUIT my H1B job to use 60 day grace period?

You can quit your job and then use the H1B grace period.

The official USCIS guidelines does not differentiate between a worker who is terminated and the one who resigns himself.

But, they do say H1B job Loss due to circumstances out of control of employee. Hence,  we STRONGLY advise against using grace period by planning and resigning from your job.

Travel Outside US in 60 day grace period?

The whole idea of 60 day grace period is to allow you to stay within USA after loss of employment. If you travel out of USA, the grace period ends right there.
You would need a VALID visa to re-enter USA again.

Once you leave USA anytime during 60 day period or after, your H1B transfer application, if not already approved while you were inside USA, will be approved only with consular processing. This means you will have to get the Visa stamped in your passport to re-enter USA.

H1B Transfer after 60 days grace period

You can start working with new H1B employer even if your H1B transfer was filed on 60th day and you received the receipt number on 60th day.

If the petition is going to be filed on 61st day or you will receive the receipt number on 61st day or after, you should ideally go out of USA by your 60th day and plan to re-enter USA.
After 60th day, you are automatically considered ‘OUT OF STATUS‘ if you have not yet applied for H1B.

Old Employer H1B Visa Stamp

You can use the OLD employer’s visa stamp to re-enter USA if the visa stamp is still valid anytime.
But, you should carry the NEW H1B transfer approval notice (i797 notice of approval) to be shown at USA port of entry.

On the other hand, we strongly advise to get the new visa stamped in your passport with new approved H1B to avoid issues at immigration counter.


USA Work in USA - H1B, L Visa
 



Recent discussion on forum

  1. Srini
    Srini

    Hi Anil,

    I was laid off recently by my employer while on H1B. I am still searching for opportunities and I understand I have 60 days grace period.

    Can i enroll in a part-time program through a local college to get I-20 so that I can maintain my status and keep searching for jobs?

    Thanks for your help!
    Srini


  2. Srini
    Srini

    Thank you for the quick response Anil!


  3. Srini
    Srini

    Thanks for the great help and providing clarification Anil!


  4. RaRa
    RaRa

    Thanks so much for the information, Anil. By valid you mean the expiration date on the Visa stamp?

    Thanks again,

    Radha


  5. Anil.Gupta
    Anil.Gupta

    Hi @RaRa

    Yes, valid means unexpired.


Comments are closed. Ask question on Forum (we answer in 1-24 hour)

27 more replies

  226 Useful Questions & Answers

  1. Priya
    Priya 26 Feb, 19 at 5:56 pm

    Hi Anil,

    I was laid off from my job (direct-hire) 2nd week of july last year while on H1-B (first term). I secured a job (direct-hire) with another company on spetember first week of 2018. Due to the labor day weekend and some administrative delays. They filed for my LCA after 2 days of 60 day grace period. The company’s attorney asked me to depart the US and wait for the approval, get the visa stamped and then enter the US. After that, I took exactly 9 days to settle few things before departing the country. I have been waiting in India since September 20th. I just got my H1-B approval notice yesterday. I am in the process of filling out my DS 160. I have been stressing about these 2 questions-

    1. In the present employer section I have chosen “not emloyed”. What should I write in the reason column? Should I explain about my layoffs?
    2. In the question where they ask about “have you violated any US rules” should I say NO or YES for my 9 day stay beyond the 60 day grace period?

    I did my Masters in the US.
    Kindly, provide your answers. Thanks in advance. Thanks for answering everyone’s questions patiently.

    Priya


    • Anil Gupta
      Anil Gupta 26 Feb, 19 at 10:32 pm

      You can write the true reason. layoffs are not considered bad in USA as they think in India. Layoffs are common and part of life in USA. So, do not worry about writing the truth.

      As per my opinion, you can write “No” for “have you violated any US rules” or ask your attorney for suggestion.
      You should have ideally departed by 60th day if you knew that LCA has not been filed by 55th day.

      Anyways, what has happened has happened and you did the right thing. 9 days are okay and it should not cause any issue.


      • Priya
        Priya 27 Feb, 19 at 8:52 am

        Thanks Anil.


  2. venkatesh rayeni
    venkatesh rayeni 26 Feb, 19 at 4:16 am

    Hi Anil,

    I got H1b approved but I didn’t get chance to travel to USA and validity got expired by now. Is it possible to transfer my H1b to other employer and travel to USA?


    • Anil Gupta
      Anil Gupta 26 Feb, 19 at 9:36 am

      You can apply for H1B transfer.


      • venkatesh rayeni
        venkatesh rayeni 26 Feb, 19 at 9:36 am

        But I heard that the rule has been changed and below is the update. Is this true?

        As per recent development, in order to be eligible for H-1B CAP exempt, USCIS is looking to see that the person has not just been approved for H-1B status in the past 6 years but actually utilized that CAP number (i.e. obtained a visa and entered the US), otherwise USCIS considers this person to be again subject to the CAP filing.


        • Anil Gupta
          Anil Gupta 26 Feb, 19 at 9:53 am

          The rule has not changed but you may receive an RFE or may get an approval without any issue.
          It depends on your luck.


  3. Ad
    Ad 23 Feb, 19 at 3:27 am

    I went out of status for sometime due to an error in H1 B approval notice by USCIS . USCIS amended it. The attorneys advised me to go abroad and do consular processing to activate my H1 B until which the company terminated me temporarily saying that they will rehire me once I re-enter US in valid H1 status. I got my H1stamp successfully. Now when I re-entered the US , they are saying the role no longer exists and they cannot hire me back.
    What are my options at this point.


    • Anil Gupta
      Anil Gupta 23 Feb, 19 at 6:19 am

      If you can’t maintain H1B status and your employer cannot run your payroll, you should leave US.
      Or file H1B Transfer as soon as possible before your Employer terminates your employment.


  4. siri
    siri 22 Feb, 19 at 4:28 pm

    Hi Anil, I read the detailed discussion of 60 day grace period, but i couldn’t find answers for my unique situation.
    > I have H1b approved till april,2021, I-140 approved 5 years ago and I was terminated on 10/15/18 by company A
    >. i applied for H4 COS on Nov 12th with my spouse’s H1.
    >.I got an offer from B and they applied my H1B transfer and it reached USCIS on 12/12/18
    >. But the employer B is not started my pay-roll, they are saying the role they offered me has got some issue and they are looking for a new client.
    could you please answer these?
    1. being both H4 and H1B transfer are pending with USCIS, what is my current status?
    2. If H4 approves first, do I need to apply for H4-H1 COS again,to start working? or is it okay if the current H1B gets approved?
    3. If they dont take me to payroll even after H1B gets approved, is it illegal? what should I do?
    4. Now another offer company C is on my way, if I accept it , which status should I provide them?

    Thanks in advance!


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 4:57 pm

      Your current status is ‘Periof of authorized stay’ as your H4 and H1B is pending with USCIS.

      If H4 approves first, your status will change to H4.
      How has your H1B application been filed? H1B extension of status or H1B change of status? Check with your employer and form I-129.

      If your employer does not take you on payroll, you cannot get a legal H1B status.

      You have to provide them status ‘Period of Authorized Stay’.


      • siri
        siri 22 Feb, 19 at 5:11 pm

        Thank you so much for the swift reply.
        They applied before my 60 day grace period, so I did not provide my H4 receipt to them, so it is not change of status .
        do I need to apply for change of status also in this case? I mean before H4 gets approved also.


        • Anil Gupta
          Anil Gupta 22 Feb, 19 at 5:42 pm

          You are fine with your current H1B application.
          But, there will be status issues later as any of your pending application can get approved.


          • siri
            siri 4 Mar, 19 at 3:37 pm

            Hi Anil,
            my H4 got approved last friday, my H1B filed by company B still in process and got query on that, Now company C is also ready to file my H1B , I haven’t told them that my H4 got approved. not sure what to do now.
            1. is it possible to join company C, with H1B receipt (they are planning to file next week) or should I wait for its approval?
            2. Is there any big difference between H1B transfer and H1B change of status from H4?
            3. I’m planning to withdraw current H1B from company B, since USCIS needed additional info , will it be a problem in future?

            truly Appreciate your time and patience.


            • Anil Gupta
              Anil Gupta 4 Mar, 19 at 3:46 pm

              Since your status is now H4, you cannot start working for H1B employer based on receipt. You should wait for H1B approval to start working.

              H1b transfer is filed when you are currently on H1B status. You are now on H4 and hence, a H1B change of status application needs to be filed.

              There is no problem if you withdraw your employer B H1B application.


              • siri
                siri 4 Mar, 19 at 4:08 pm

                Thank you so much for quick response. one more question , I think I am still cap exempted ,how long will it take to approve H1B in current scenario? does premium processing opened, some people saying its not opened for everyone.


  5. siri
    siri 22 Feb, 19 at 4:13 pm

    hi i found that this site is very useful. thanks in advance.


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 4:42 pm

      You are welcome. Do share it with your friends.


  6. Manik Dhar
    Manik Dhar 21 Feb, 19 at 11:28 pm

    Hi Anil, I read few excellent responses from you, could you please clarify on below situation-

    I am currently having valid i-94 and valid H1B visa stamp on passport until May 2021 for employer A petition.

    I am planning to switch to employer B by 1st filing H1B transfer with B and then serving notice period of 10 days with employer A and then joining employer B based on receipt notice received between notice period to employer A.

    What happens after i join employer B on receipt notice and then this transfer with employer B is denied. Will I have to travel outside US after 1st transfer denial? Have I used my grace period here? Would like to highlight that I would have received transfer receipt before revoking employer A i797.

    Say employer B refiles 2nd attempt in 30 days of 1st transfer denial, does that mean now I have used grace period for 30 days which is within 60 days?

    I am trying to understand what happens after 1st attempt of H1B transfer is denied and whether I am eligible to refile 2nd attempt (within 60 days) and continue to stay in US legally?

    Appreciate your help on this


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 1:07 pm

      I have covered H1B transfer approval and denial scenarios here.

      H1 60 day grace period does not come into picture if USCIS denies your H1B transfer application.
      60 day grace is only for cases where you lose your H1B job and not for H1B petition denial.


      • Manik Dhar
        Manik Dhar 22 Feb, 19 at 3:58 pm

        Thank you so much for clarifying almost all situations. So after H1B denial, my authorized stay ends but as i94 is valid I can refile H1B again with same employer and continue to work on receipt again and it will not accrue illegal stay?


        • Anil Gupta
          Anil Gupta 22 Feb, 19 at 4:42 pm

          Once an H1B transfer is denied, you cannot keep working for same employer until a new H1B is approved.
          In the case of denial, you have to either go back to your old employer if they have not withdrawn your earlier approved H1B or leave US.

          You can file new H1B application but should wait for its approval before you can start working.


  7. Hari S
    Hari S 21 Feb, 19 at 6:09 pm

    Hi Anil,
    Im on h1b and laid off this week and started looking for jobs.
    1st question: My recent i94 doesn’t have any end date on it . It has – “Admit Until Date : D/S”. Does it mean the only clock thats running here is the 60 day grace period starting last working day?
    2nd question – Although my h1b is approved(thru “change of status”) I haven’t yet been to my home country and got my passport stamped with h1b. Does not having a h1b stamp on passport a hurdle for h1b transfer ?
    3rd question – How later a company can apply for a h1-b transfer for an employee after he/she got laid off from previous company? I see from comments that if the person wants to stay in usa he/she should have received the transfer receipt within 60 days. Say if the person could not find a job within 60 days and has to go back to his/her home country can he/she still use the same h1b to come back to usa to work for a different employer may be after few more months ?
    4rth question: What’s the role of LCA in a h1-b transfer ? When I find a new employer should the employer first file an LCA and wait for sometime and then apply for h1-b transfer ? Is the receipt that you have mentioned here refer to H1-b transfer receipt or LCA receipt ? How long does it take for this LCA thing?

    Thanks a lot,
    Hari


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 9:34 pm

      1. The most recent i94 should be from your H1B approval. Look at the H1B i797 approval and you will see a paper i94 attached to it. The i94 you are talking about it your F1 visa i94 which is not valid now.

      Your 60 day grace period is earlier of 60 days or i94 date.

      2. H1B visa stamp has nothing to do with H1B transfer’s approval.

      3. If you have to go out of USA, then, you can find an H1B sponsor and file H1B transfer from outside USA as well.

      4. LCA has to be filed before each H1B application including H1B transfer. LCA approval usually takes about 14 days.


      • Hari S
        Hari S 21 Feb, 19 at 10:33 pm

        Thanks for getting back Anil. I did not know h1b approval comes with a new i94. Is there any way to get hold onto a copy of my i94? I pinged my HR but it could be a couple of days before she replies and Im concerned if that i94 has an earlier expiry date and I am already out of status.
        Also you said I can go out of USA and apply for h1b transfer if I find a US employer. Is there a deadline before when I should find a sponsor and file h1b transfer ? Is it the end date on my h1-b i797 ?
        Is h1-b transfer more safe if moving to a new employer within same state compared to moving to an employer in a different state?

        Thanks a lot for your responses.


        • Anil Gupta
          Anil Gupta 22 Feb, 19 at 8:57 am

          Every H1B approval comes with a new i797 form and it either has a new i94 or not.
          If it does not have a new i94 attached to it, then you need to leave US and get a new i94 explicitly by re-entering USA.

          There is no deadline to file H1B transfer if you are outside USA. You can file it anytime.
          The timeline varies if you want to file H1B transfer while you are in USA. I suggest to file before your i94 expires to keep your case straight and clean.

          Moving to same state or different state does not affect H1B Transfer approval chances. Your employer’s paperwork makes all the difference.


          • Hari S
            Hari S 22 Feb, 19 at 11:06 am

            Thanks Anil, I received my a soft copy of my h1b i797 from my employer today and there is a i94 attached to its bottom and its expiry date is not anytime soon so I am good on that. Now I am relieved. Although, my employer only shared a soft copy of these docs and he still retains all the originals. Im wondering if I ever need these original i797A & i94 or just the soft copy is sufficient for all my purposes ? And does the LCA filed by my previous employer has any significance moving forward with a new employer and h1-b transfer ?
            Also im wondering what all immigration docs I need to get from my previous employer so that I don’t have any problem going forward.


            • Anil Gupta
              Anil Gupta 22 Feb, 19 at 1:07 pm

              LCA from previous employer does not make any difference to your H1B transfer.
              I suggest to keep copies of all H1B approvals (i797) for future documentations.

              Normally, employer do give you the original versions of i797. Not sure why your employer is not giving it. They may have a difference policy.


              • Hari S
                Hari S 22 Feb, 19 at 1:24 pm

                Thanks for your responses Anil.


  8. DA
    DA 21 Feb, 19 at 10:55 pm

    Hi Anil
    If USCIS made an error in i797 approval as COS instead of consular processing and the employee was rendered as “out of status ” to work during the period the correction was being made. After the correction was done , the employee was asked to travel abroad at a US consulate to activate their H1B status and return back to US for work. Now the person has successfully got a visa stamp abroad and unfortunately a reorg has happened resulting in layoff before he travels back to US. Can he re-enter US on the valid H1B stamp since 60 days grace period is still there to find a new employer?


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 9:20 am

      The H1B 60 day period is only applicable if you are inside USA at the time of lay off.
      If you are outside USA, the 60 day grace does not apply at all. You need a valid H1B visa stamp to enter USA and should start working on H1B from day 1 of entering USA.
      You should stay outside USA if you do not have a valid H1B job at this time and search for H1B job and enter once you have a valid job and H1B approval.

      Your entry at US airport can also be denied if you do not have a valid H1B job at this time.


  9. Vishal Oza
    Vishal Oza 17 Feb, 19 at 5:15 pm

    Hi Anil,
    Please explain whether I was Out of Status.I got laid off from my previous employer due to insufficient work on 26th October 2017.However they offered me severance pay for 12 weeks hence I was paid until Jan 26th 2018.Now if we consider 60 days grace period from October 26th 2017, I got the job offer on 10 December 2017 and H1extension was applied on 19th December 2017,however the company asked me to join after the approval and not on receipt notice.I got the approval on Feb 20th 2018 and I joined the company on Feb 26th 2018.Now am I considered Out of Status coz the petition was already sent to USCIS within 60 days however the Date of joining was delayed.FYI, I do have the delayed Date of joining from the employer.Kindly let me know at the earliest am I considered to be out of status if yes then for how many monthd.Thanking in advance.


    • Anil Gupta
      Anil Gupta 18 Feb, 19 at 9:01 am

      Did you discuss this scenario with your new employer’s attorney? What is their response?


  10. umesh singh
    umesh singh 16 Feb, 19 at 10:09 pm

    Hi Anil,

    I am in a unique situation where I think you can help me out:
    I am in 60 days grace period and 4th of march will be the 60th day.

    – Last week I received two job offer :
    – Company A last Wednesday 02/13/2019
    – Started the H1-B transfer and do not need LCA as the previous candidate backed out and I can use the same as per lawyer.
    – They sending my H1-B transfer on Wednesday 02/20/2019

    – Company B offered on Friday 02/15/2019, it delayed over a week since they had to create a new position for me.
    – No progress on H1-B transfer, will start talking with attorney on Monday 02/19/2019.

    –I absolutely love Job offer from Company B for various reasons, mostly the technology and big established company.
    – even though company A want me so badly I really do not like the market space they are in, it’s so competitive and company is losing money.

    I been burned twice last year, laid off and then terminated by another(company went bankrupt), and can not take this stress anymore and very skeptical to join company A.

    — Therefore, I need your help, how can I join company B caveat bein I have exact 14 days remaining to transfer H1-B, do I have to go to consular processing.

    – Also my family is with me, My wife is on H4, what will happen after 60 days to her status.
    – My son goes to school in US and I do not want create any discontinuity in his education if I had to travel to India,

    – What are ways, my wife can stay here without going to “out of status” if i decide to work with company B with H1-B transfer.

    -Your advice will be extremely helpful to make the right decision.
    -Happy to provide more details if I missed anything.

    Thanks,
    Umesh


    • Anil Gupta
      Anil Gupta 17 Feb, 19 at 10:43 am

      ## Join Company B or Company A?
      You can join the company B if they can file the H1B transfer before 4th March 2019 and USCIS receives it on or before 4th March.

      If Company B is not able to file H1B transfer by 4th march by any chance, you can join Company A (if their H1B transfer is indeed received by USCIS) and start working to maintain your H1B status and continue beyond 60 day grace period.

      Once your Company B files H1B transfer after 4th March, you can either join them on receipt or join after approval. Your choice.

      ## H4 Status is tied to H1B status
      H4 status is tied to primary H1B status. If you lose H1 status, your H4 loses status automatically.
      If you lose your H1B status, all of you including H4 should LEAVE the US immediately to avoid adding any ‘Unlawful presence‘ to your name.

      It does not matter if your son is going to school or not. I understand the concern and have sympathy with such cases but US immigration law will not understand the school or any other issue.

      ## H4 cannot stay in US if H1B status is NOT maintained
      H4 dependents cannot legally stay in US if you go out of US or are NOT maintaining H1B status after 60 days of H1B grace period expiry.


      • umesh singh
        umesh singh 17 Feb, 19 at 2:29 pm

        Hello Anil,

        Thanks for your advice, I have follow up questions:

        – Can a person have more than 1 H1-B approved at the same time, how does this work? does this mean I am eligible to work for both employers?
        – If I travel to India to get the VISA stamped, how does consulate know which employer I am working?

        – If company B happen to apply for H1-B transfer after 4th March, do I have to travel to India for consular processing, in below cases:
        — Company A already send application before 4th March
        — I reject offer from company A and they do not file my h1-B.
        — For my wife, can I get a B1or B2 visa until I get my h1-B approved through company B? (If its consular processing, also how long it take for h1-B consular processing).

        -Another question is, if I start working for company A, do I have to absolutely be working until company B receive the receipt or approval (which may take 2-6 months).
        — Also is it possible to delay the join date for company A until company B receives the receipt. (which is one do you think is better).

        — Please help to provide a most feasible way, so I do not have to leave the US and still can join company B, it is very unethical to use company A and I may be accumulating bad karma.

        – Please help me out as you are the expert in this genre.

        Thanks and Regards,

        Keep up great work and I am sure you are accumulating good Karma.

        Umesh


        • Anil Gupta
          Anil Gupta 17 Feb, 19 at 4:37 pm

          ## Multiple employers on H1B
          You can work for multiple H1B employers only if you have an explicitly approved concurrent H1B.

          ## Visa Interview
          When you go for visa interview, you have to fill the employment details in your Visa application. You are not the first one to think in this direction. USCIS and US government are smarter than you think.

          ## Company B applies after H1B 60 day grace period
          1. As I already said, if you join company A, then transition from A to B is within USA.

          2. If you are brave enough to reject company A offer, make sure company B files before March 4 else, you have to leave US and can ONLY come back to US after Company B’s application is approved.

          3. Applying B1 or B2 is not as easy as you might think simply because you and your wife are already on a non-immigrant visa with immigrant intent. The chances of visa refusal are extremely high.

          ## Working Absolutely on H1B for Company A
          I am not sure if you understand the H1B visa at all or not. You have to MAINTAIN the H1B status while you are in US at all times without any doubt.
          If you do not work, how will you maintain H1B status?

          I have already given you the best options to stay in USA. But you are speculating too much.


          • umesh singh
            umesh singh 17 Feb, 19 at 6:48 pm

            Hi Amit,

            Thanks for further insight in my situation.

            What I meant about “not working for company A” is to delay my joining date for a week or two, until the company B receives receipt?
            Do you think I am jeopardizing my status?
            or is absolutely necessary to work once the Attorney receives the H1-B transfer receipt for company A transfer?

            Please help to understand.
            Thanks


            • Anil Gupta
              Anil Gupta 18 Feb, 19 at 9:01 am

              Since, you are in 60 day grace period, you should start working on or before 60th day if you want to stay in US.
              If you fail to re-instate your H1B status by 60th day, you should leave USA on 61st day.




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