H1b transfer after 60 days grace period ?

[dhan980]

Hi,
I am in a situation where I lost my job and my 60 days period is getting over on 26th of May (today is 16th May)
My wife employer can file my h4 application on or before 26th of May and at the same time I got an offer by a company who is willing to file an h1 for me. Now since I have very limited time, it is quite possible that my actual h1 application be filed after 60 days( most probably around 62nd day). In this scenario, should I go for H4 COS and at the same time ask the company to file H1 on 62nd day. In this scenario can I work on H1 receipt ?
Please guide.

Thanks,
Dhan

[R78]

While there is the "60 day grace period", USCIS reserves the right to cancel or not honor it while filing the H1. In most cases, there should not be any issues.
If you file within 60 days, you can start work as soon as the receipt notice is generated by USCIS
If you file after 60 days, you need to wait till the petition is approved before starting work. To avoid any issues, file H4 or B2 right away to maintain status.

Since you will just be 1-3 days out of the grace period, it's important to understand the terms of termination.
1. When was your last day at work ?
2. Did you receive severance pay ? If yes, then those days / weeks are not considered being unemployed. In this case, 60 days start at the end of severance pay (example: You were fired on May 01, 2020 with 4 weeks of severance pay. In this case, your 60 days start on June 01)

Hope this helps & good luck !