H1B 60-day Grace USCIS Rule - Lay off, H4 EAD work (Severance Time)?

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Originally published at: H1B 60-day Grace USCIS Rule - Lay off, H4 EAD work (Severance Time)? - USA

H1B 60 days Grace Period Meaning: 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 another employment or apply for a visa change of status. You can stay in the US for…

[BG2019 (BG)]

Anil,

I have been doing college in the evening on h1b with I140, but recently I was laid off . I have till 25th July with my i94, can i file transfer to f1 to complete my college.

-BG

[anil_am22 (Anil Gupta)]

Hi @BG2019

You can file for H1B to F1 transfer but chances are that it may be denied. You have 50-50 chance.

[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

[anil_am22 (Anil Gupta)]

Hi @Srini

You can enroll in studies.

[Srini]

Thanks for the reply Anil

If i get enrolled in a program, will I be able to stay beyond the grace period (60 days)?

[anil_am22 (Anil Gupta)]

Hi @Srini

You can stay but you would not be able to start working on H1B after 60th day.

You will need to file H1B change of status application or go out of US, get H1B stamp and then re-enter US to get on to H1B status.

[Srini]

Thanks for clarifying Anil!

Quick questions regarding the new h1b transfer application,

• Do i need to have a USCIS receipt in my hand before I can start working with my new
  employer
• Can i start working from the day USCIS receives the physical h1b transfer application in case If i get my new employer near by the end of 60 day grace

Thanks,
Srini

[anil_am22 (Anil Gupta)]

Hi @Srini

It is recommended to start working on receipt. If you file H1B in premium, you will get receipt within 1 day.

[Srini]

Considering if the employer is not filing under premium processing and if the receipt will arrive after 60th day, will I be able to stay in the US?

• If not, and I had to leave USA, do you i have to get my stamping done again in order to re enter.

[anil_am22 (Anil Gupta)]

Hi @Srini

I do not suggest to start working without receipt.

If you leave USA, you do need a valid H1B visa stamp in passport to re-enter US.

Read more scenarios for H1B 60 day rule.

[Srini]

Thank you for the quick response Anil!

[Srini]

Hey @Anil.Gupta,

My new employer is filing for an H-1b transfer application before the 60 day grace period under normal processing and i am not sure in how many days I will get the receipt number. Do i need to have receipt number before 60th day? Can i still stay in US and wait for the receipt to come?

Thanks,
Srini

[anil_am22 (Anil Gupta)]

Hi @Srini

As already mentioned in the article, you should leave US on 61st day if you cannot start your H1B payroll by 60th day.

I do not suggest to stay in US.

[Srini]

Thanks for the reply Anil.

My employer also mentioned that they will get the receipt number, once the check is cashed since they write the number on the back of the check so should i wait for the hard copy to come or can i start working?

[anil_am22 (Anil Gupta)]

Hi @Srini

You can start working as soon as you have got receipt number. There is no need to wait for actual paper receipt.

[Srini]

Thanks for the great help and providing clarification Anil!