60 Days of grace period - H1B validity

[ranjeetkub]

Hi Experts/Lawyers, I have 2 questions:

1. I am going to be terminated by my employer on Sep 30. My h1b validity is till March 2019. My Employer will be withdraw my H1b post termination. Getting new employer in such as short time is difficult. I see the new rule passed in Jan 2017, stating 60 days of grace period can be availed to search new jobs/ change of status. What is the process to avail 60 days of grace period? Do i need to request for 60 days of grace period in Writing from USCIS? If yes, what is the form or application i would need to fill and send it to which location of USCIS. Also since my H1b will be withdrawn by employer, Can i still stay for 60 days, in my case?

2. Lets say i have been terminated on 30 Sep, hence payroll would also stop.Now lets say i got job in Nov 15 (after 45 days), when i file my new h1 with new employer, how do i show Paychecks to support my petition as i was not working between Oct 1st to Nov 15. Please help me understand this.

Kindly reply as it's little urgent. Based on USCIS policies, i would need to exit/stay in the US.

Regards
Ran.

[newacct]

1. No, you don't need to do anything
2. It's fine that you don't have paychecks during that time. They know you are in status for 60 days after termination.

[ranjeetkub]

60 days grace period - H1B validity

Hi Thanks for your reply.

Lets say Sep 30 is my termination date. if i use 60 days grace period, i have time till Nov 30th. So lets say if i found new employer by Nov15th. they filed my h1 transfer/new h1b. Now lead time to get reciept notice is on Dec 5th, in that case do i need to exit US on Nov29th anyways? Can i get few more days given the situation? pls help as this is very important as accordingly i have to plan my depart/stay.

[newacct]

Hi Thanks for your reply.

Lets say Sep 30 is my termination date. if i use 60 days grace period, i have time till Nov 30th. So lets say if i found new employer by Nov15th. they filed my h1 transfer/new h1b. Now lead time to get reciept notice is on Dec 5th, in that case do i need to exit US on Nov29th anyways? Can i get few more days given the situation? pls help as this is very important as accordingly i have to plan my depart/stay.

Note that 60 days after Sep 30 is Nov 29. As long as it is filed (officially received by USCIS) by Nov 29, even if you don't get the receipt yet, but you are sure that when you get the receipt it will show that the "received date" was Nov 29 or before, you should be fine.

[arianaa30]

H1b grace period

I am just entering my 2nd month of h1b grace period and I have 30 days left. How long does it usually take for an employer to file the transfer? Can they do the paperwork within one week before the deadline, given I have documents ready?

[Deekay]

I am just entering my 2nd month of h1b grace period and I have 30 days left. How long does it usually take for an employer to file the transfer? Can they do the paperwork within one week before the deadline, given I have documents ready?

LCA certification may take up 7 - 10 days. Then if you have education evaluation and all required documents they may need another week to prepare documentation. If they file atleast a week before deadline, I think you should be fine. If they can do premium processing, you should receive the receipt notice in 2 - 3 days.

[anonymous21]

60 Days of grace period of H1B

Hi Team,
I got terminated on Nov 2 by company A. I got another job in company B and they filed for my H1B transfer. The receipt no. is received on Dec 17.
Now due to shutdown at client , the company B is giving joining date as Jan 7 (i.e. Post 60th day of my H1B grace period which is Jan 1).
Do i need to be on payroll on or before 60th day of grace period? or is it ok to join the new company anytime once we receive the receipt no?