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H1B 60 Days Gap rule

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  • H1B 60 Days Gap rule

    I lost my employment on Jan 2nd and currently on H1B 60 days gap.

    I got offer from a company A on jan 25th and with legal and HR process, my H1 transfer receipt date is Feb 14th. I started working for Company A on Feb 14th. The H1 processing is normal processing taking 6-9 months for decision.

    I got another offer from company B on Feb13th and due to processing time, H1 transfer documentation, my start date falls on or after march 20th. This is more than 60 days after Jan 10th.

    I have couple of questions in this regards.

    1) When does the 60days gap period meets the criteria and timer stops ,
    a) when the beneficiary gets an offer from employer
    b) when the employer files for LCA for beneficiary
    c) When the H1B transfer documents are submitted with USCIS?

    2) In case when the beneficiary accept the offer from Company A and works for it from Feb 14th ( USCIS / Fedex receipt ) to march 19th and then join Company B on March 20th. Does this mean beneficiary was Out of status for few days, as Company A will withdraw LCA and H1 filing ?
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