My current employer wants me to leave ASAP. My new employer is still in the process of filing for a new H1-B petition. I understand that I can start working once the USCIS sends the acknowledgment receipt. My question is about my status in the interim period between leaving my current job and the wait for the receipt. Will I be considered out of status? Can I wait in the USA or do I have to leave the country? I will still get paid two weeks from the date of leaving of my current job as per the regular pay cycle.
I'm uncomfortable with going to work with nothing but a filing fee receipt. If the papers aren't approved ... YOU will suffer.
The 60 day grace period should protect you.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 35 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You can remain in the U.S. if the H1B transfer petition will be filed within 60 days of employment termination (unless the I-94 expires earlier). The 60 day grace period starts from employment termination date, not the date of last paycheck.
It is better if you are still employed when the H1B transfer petition is filed...this may allow for a grace period if the H1B transfer petition is denied.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
You get a total of 60 days grace period within one period of authorized stay provided it does not expire sooner.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
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