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
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.
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?
Hi @Srini
You can start working as soon as you have got receipt number. There is no need to wait for actual paper receipt.
Thanks for the great help and providing clarification Anil!
Hi Anil,
My current H1B is valid until 4/30 and have approved I 140 (H1B got extended beyond 6 years). But I lost my job and the grace period ends in a week’s time. I didn’t get an H1B sponsored job yet. So if I am going back to India, can I apply for a transfer with a new employer, stamp, and come back using the non-cap petition?
Jubin
Sorry to hear about your job loss.
Yes, you can apply for cap exempt H1B transfer anytime. Just make sure that your employer does not withdraw your i140.
If i140 has been approved for more than 180, then you are safe even if employer withdraws it.
Now we applied for cap exempt H1B transfer (Not H4) since we use compelling EAD (C(35) and C36) respectively.
So we have to go outside US and stamp to regain the non-immigrant status.
H4 transfer is not applied because spouse is not in H4 status but can apply and stamp H4 when I am going for stamping.
My question is can we go for stamping in Canada?
Are they allowing EAD to H1B status change?
We never been out of status. Please help.
I don’t understand your current situation and question.
How did you get to EAD when you were working on H1B ?
You can go for visa stamping in Canada.
Hi Anil,
My parents came here before me and both are US Citizens and aged.
I applied for compelling EAD based on that and got approved.
Due to job loss, I started using that after the H1B 60 grace period and got a new project as well.
When we start using that compelling EAD we will loose our non-immigrant status but can regain it through visa stamping.
So the current employer is transferring my cap-exempt H1b (I 140 approved - recent H1B extension valid until 2022) and trying to stamp it outside USA.
Hope you understand the situation. My question is can we go Canada for stamping from EAD - to - H1B / H4?
Yes, you can visit Canada for H1B visa stamping.
Anil,
Thank you for this nice post on H1B 60 Days Grace Period. One important thing this post is missing is the ~10 to 15 days required for LCA approval/certification.
When someone looses a job, he/she should be mindful to find a new job at least by 40th day, and get the ball rolling for the new job’s h1b petition i.e. get the LCA filed by 40th day and get it approved/certified before the 60th grace day, and file the new I-129 H1B petition on or before the 60th grace day.
I just want to emphasize that when a person looses a job, they should not wait until the last day 59th day or 60th day to file the h1b petition.
A post was split to a new topic: Waiting outside US with H1B Stamped but employer revoked petition due to Pandemic
So per the strict definitions an H1B cannot take a sabbatical between jobs like a GC holder or citizen can do. For visa folks its grind grind and just grind.
Hi @anil_am22 . I got laid off on Jan 11th, 2022. But, i am planning to “move back to India” on Feb 27th, 2022. I am planning to use the 60 days grace period on H1B for the move back. This is legal stay correct? The period i am from Jan 11 to Feb 27th?
Yes, 60 day period is a legal stay as long as your i94 is also valid for these 60 days.