H1B Transfer during 60-day grace period

Hello,

My last job ended on June 15,2021 and i am currently on H-1B 60-day grace period. I was offered a new job this week and prospective employer initiated H-1B Transfer . Since the filing and premium processing takes time the employer proposed a start date of August 30,2021 .
My main concern is

  1. Is it legal to have a start date after 60 days (after August 15th) ?
  2. Is filing an H1B Transfer Petition before the grace period is good to go irrespective of start date?
  3. What status I will be on in that period of time? If I am not wrong h1b status won’t be active until I start the job.

Can someone please address my questions? Thank you in advance.

Most of your questions should be answered by below article.

H1B 60 day Grace USCIS Rule (Lay off, Start Date, Severance?) - USA.

1 Like

Hi Kalpesh,

Thank you so much for getting back. Went through the article earlier. It mentions that we can start working as soon as USCIS receives the petition in the 60-day grace period. But in my case the current start date is later than the grace period. So i cannot start working even though USCIS receives the petition.

  1. Do i need to ask my new employer to move the start date earlier so it can fall in the grace period?

Sorry for the follow up .

Talk to the immigration lawyer of your employer to request the the start date accordingly.

Hi Kalpesh,

Sorry for other followup. When i requested the lawyer agrees to file a petition with a start date before grace period.

But the company officially wants me to start after grace period around August 23rd,2021 . They says by that time h1b petition case status will be known and also they need time for IT Setup.

Is that scenario legal? Lawyer says it is valid but i am concerned since i am not able to understand what will be my status between August 15th- August 23rd.

Thank you so much. Looking forward for your reply.

Himaja