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Consider that I quit my current job on H1B and then get another job with Compay A within the 60 day grace period. Say day 30, they apply for my H1B. Can I find another job with Company B on day 55 and join Company B on day 90 without being out of my H1B status since it is more than 60 days that I have been unemployed? My I-485 has been pending for more than 180 days now.
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Hi,
Within 60 days, you will need to file another H1B petition in order to avoid out of status. If you would have filed H1B petition within 60 days and got approval then you can do H1B transfer. But, only filing and you have pending H1B petition then moving to another firm will make some complications on both the petitions. Sometimes, USCIS will approve the petition but not with I-94 and it may be approved with consular processing.
Thanks
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