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visa_questions
02-12-2013, 03:04 AM
Hi all,

Does any one know what happens in the following situation
Old company employment ends at end of the month
New company is ready to file h1
By when should the new h1 be filed since the new company is taking its time. If end date is for example march 1, then does the 30 day grace period apply here?

visa_questions
02-12-2013, 03:09 AM
Also, depending on when the new visa is filed, let's say it comes by march 15 and the new joining date in new company is a week later, does that count as employment gap?

Flyingcrow
02-12-2013, 11:06 AM
Afaik, there is no real grace period in the text of the law. So 1 day or 45 days, probably its the individual officer's discretion.

Disclaimer: I am not an attorney, but you very well know that you are not asking one.

visa_questions
02-12-2013, 12:15 PM
Thanks. What is the latest date the application needs to be submitted, e.g. Last day, a day prior, etc.

SGP
02-12-2013, 03:45 PM
Thanks. What is the latest date the application needs to be submitted, e.g. Last day, a day prior, etc.

Earlier the better.

boston_gc
02-12-2013, 04:20 PM
From what I know you should have a receipt number to be able to start the work with your new employer. If I were you, I would definitely consult a lawyer.

itsmeusa
02-13-2013, 10:36 AM
From my experience, your H-1B visa petition papers should reach VSC / CSC before your current employment ends. You can start with your new job as soon as current job ends. In this tight situation, I would go for premium processing and try to get receipt notice and or approval before current job ends. Reason being, if you start a new job as soon as current job ends and later if regular (not premium) H-1B transfer is denied, per my knowledge, your stay / work after end of current job would be counted as unlawful.

gnutin
02-13-2013, 10:45 AM
Done this twice. Once the new employer files the paperwork (or efiles) you will have a receipt number and can start working with them. If your last day with the old employer is Feb 28, I wouldn't be too worried if the new employer files the paperwork sometime in March. Later than that may still work but it is all up to the USCIS officer's discretion. There is no 30-day or 60-day or 90-day grace period but from my experience, 30 days has not been a problem. Usually if the gap is longer, say 45-90 days, you may still get an approval but be required to travel to your home country for visa stamping. They make this happen by not sending a new I-94 with your approval notice.

Bottom line, try to explain your situation to the new manager and have them file the paperwork ASAP, but don't fret too much if they are unable to file before your current employment runs out.

quasar81
02-14-2013, 08:22 PM
Dude, if u lost H1B job, just go illegal.

You will get EAD as soon as CIR pass, which it will soon. You will be way ahead of bunch of folks on this forum...