H1 Termination and Rehire with same company after 60 days

USA
1

Hi Anil,
I was working for company A from 8+ years on H1 with I-140 approved in 2012.

I94 is valid until Dec 2019. I got laid off on 08/16/2019 and on grace period now that ends on 10/15/2019.

I-797 was extended until Dec 2022 before layoff. They haven’t withdrawn my H1 and will not withdraw until Dec 19.

I’m in talks with the same company on a rehire but my grace period end is coming closer, if they rehire me few days after grace ends, can I still be in US and could they amend to show that I’m in status for those extra days?

If I have to leave US, can I go to Mexico or Canada until the rehire is confirmed instead of going to India?

Can my spouse continue working (H4 EAD) after 10/15 hoping they can amend those days that will never show as out of status on records?
Thanks in advance.

2

Hi @bs2019

Sorry to hear about your lay off.

My suggestion is to leave USA on 61st day if your payroll cannot be started by 60th day.

The H4 EAD should also stop working on 61st day.

This is to avoid any status issues at the time of next H1B renewal or at the time of GC processing.

It is better to keep the record clean than facing issues at GC time.

3

Ok thank you Anil.

I have been working on H1 transfer with another consultancy also.
LCA is also certified but the SOW is still pending from the end client as they are very slow in process.

If we wait for client letter also, it will be more delay.

Is it ok to send the H1 packet to USCIS just with SOW but not client letter and deal with it if we get RFE?

Also, is it enough if Fedex delivery date tracking shows the 60th day or we should get the recipient num by 60th day (Oct 15)? Also, what happens if my consultancy sends the package on 61 or 62nd day? Should I still leave us for those 1 or 2 days.

Please clarify. Thank you.

4

Hi @bs2019

As per the law, everything should be done by 60th day. Rest is your choice if you want to still stay and do things after 60th day.

As per my information, USCIS receipt number should be generated by 60th day to prove that you got into H1B status within 60 days of grace period.

I do not suggest to rely on Fedex delivery date. USCIS will not honor it later. They only consider their own receipt date.

5

Ok thank you Anil.

One last question, my employer is ready to send my packet to USCIS with their agreement copy with the end client but no sow/client letter because client is taking forever to generate a signed sow to give us and we are in hurry to make sure the USCIS sends the receipt notice by 60th day.

My employer is a direct vendor to the client and they had a common signed agreement prior. What are the chances of direct rejection or RFE in this case?

Please suggest.

6

Hi @bs2019

You will be lucky if you can get approval without an RFE in this case.

7

Thank you Anil. My new employer sent the packet and got the receipt on the 57th day. I’m still waiting for signed sow from client to start working. It could take a week which crosses the 60th day. Am I in the status now as I have receipt notice but not working? Should I ask my employer to run the pay roll from today to keep the status? Or can I wait until sow signed without payroll running? Please clarify. Thank you!!

8

Your payroll should start on or before 60th day to get back into H1B status.

Do not wait for client, start your payroll immediately.