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H1b grace period applicable if outside of us?

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  • H1b grace period applicable if outside of us?

    My partner left the country a month ago after quitting his job to pursue a new opportunity in his home country. But suddenly a really cool u.s. firm that he likes has headcount and might give him an offer . Does he still have the option to have the new firm file I-129 for him and come back on a new h1b visa since its within 60 days? We’re dealing with so many moving pieces right now and would love to get this one out of the way before wasting more calories.

    Thanks!
    Last edited by chase3; 06-26-2023, 01:41 PM.

  • #2
    Yes, your partner may still have the option to have the new U.S. firm file an I-129 petition on his behalf and potentially return on a new H-1B visa, given that it has been within 60 days since he left the country. The H-1B visa allows foreign workers to temporarily work in the United States for a specific employer.

    However, it's important to note that the specific requirements and processes for the H-1B visa are subject to change, and individual circumstances can vary. It would be advisable for your partner to consult with an immigration attorney or seek guidance from the new firm's HR department or legal team to assess his eligibility and navigate the application process correctly.

    Given the complexity of immigration matters and the potential impact on various aspects of your situation, seeking professional advice will help ensure that you have accurate and up-to-date information and
    koows and developerbook or echat can make informed decisions.
    Last edited by HarmanKhema; 08-29-2023, 10:56 PM.

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    • #3
      I understand that you and your partner are currently dealing with several moving pieces regarding his job opportunities. If your partner left the country a month ago and is considering a new opportunity with a U.S. firm, there might still be an option for him to have the new firm file an I-129 petition for him and potentially come back on a new H-1B visa.

      Under the "H-1B portability" rule, individuals who have been previously granted H-1B status and have not exceeded the 60-day grace period after leaving their previous job may be eligible to start working for a new employer once the new employer files an H-1B petition on their behalf. This allows for a smoother transition between jobs without the need to depart the U.S. and apply for a new visa.

      However, it's important to note that each case is unique, and it's recommended to consult with an immigration attorney or specialist who can provide personalized guidance based on your partner's specific situation. They will be able to assess the eligibility criteria and advise on the best course of action.

      Given the complexity of immigration matters and the potential impact on your partner's career, seeking professional advice will help ensure that you navigate the process correctly and make informed decisions. Good luck with the
      owespeedtest next voojio steps shagle, and I hope everything works out positively for your partner's job opportunity!
      Last edited by DontalKuma; 08-30-2023, 01:28 AM.

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