4 ms·

Can anyone shed more light on what happens in the following scenario: You get terminated/leave your current job and activate the new 60 day grace period to fin

by hatred 10y ago

Can anyone shed more light on what happens in the following scenario: You get terminated/leave your current job and activate the new 60 day grace period to find a new job. Provided that a H1B transfer to a new employer can take more than 60 days now. Does one need to leave the country forcefully?

trustfundbaby 10y ago
> and activate the new 60 day grace period to find a new job. Just FYI, this 60 day "grace" period is a bit of an unspoken rule, in reality though, you're expected to leave the US as soon as your job is terminated/visa is revoked, so make sure if you can that the terminating company doesn't revoke your visa within 45-60 days, or else you'll be in a lot of trouble, even if you find a company willing to transfer your visa in that time period.
- caoyangs 10y ago
  > this 60 day "grace" period is a bit of an unspoken rule It is a documented rule now since Jan 2017.
  - trustfundbaby 10y ago
    source pls?
    - hatred 10y ago
      Here: https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs https://www.uscis.gov/news/news-releases/uscis-publishes-fin...
pavanky 10y ago
You can continue working for the new company from the moment they apply for the H1B transfer. But there are a few companies that do not allow this.
- hatred 10y ago
  AFAICT, there are no companies that allow this since its against the law. Do you have some links where I can read more on this or what companies allow it? EDIT: Thanks everyone for clearing it out. Looks like it's allowed and documented here: https://www.murthy.com/2011/06/27/h1b-faqs/ https://www.murthy.com/2011/06/27/h1b-faqs/ (Ques. 5). Not an official USCIS link though.
  - i0exception 10y ago
    This is not against the law. If your visa is current, you can start working as soon as you get the receipt notice for the new H-1B application https://www.murthy.com/2011/06/27/h1b-faqs/ https://www.murthy.com/2011/06/27/h1b-faqs/
  - pavanky 10y ago
    It is not against the law. Plenty of silicon valley companies do it.
- suryacom 10y ago
  Though this is not against the law; I don't know any real companies that does this.
  - WWKong 10y ago
    The last 4 companies I joined (all fortune) allowed this. In fact they were pressing for me to start. As OP said, all you need is the application receipt.
  - pvelagal 10y ago
    Receipt of H1B (tranfer to new company) application is enough. I dont know of any silicon valley company that does NOT do it.
- usernametbd 10y ago
  But the only problem is, if you are already terminated, you shouldn't apply for a H-1B transfer. It would be like applying fresh, except you don't have to go through lottery. And also because this is a new visa, you are not qualified to work based on the H-1B portability rule either. So you have to wait until it is approved before you join the new company.

by hatred 10y ago

trustfundbaby 10y ago

> and activate the new 60 day grace period to find a new job. Just FYI, this 60 day "grace" period is a bit of an unspoken rule, in reality though, you're expected to leave the US as soon as your job is terminated/visa is revoked, so make sure if you can that the terminating company doesn't revoke your visa within 45-60 days, or else you'll be in a lot of trouble, even if you find a company willing to transfer your visa in that time period.

caoyangs 10y ago
> this 60 day "grace" period is a bit of an unspoken rule It is a documented rule now since Jan 2017.
- trustfundbaby 10y ago
  source pls?
  - hatred 10y ago
    Here: https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs https://www.uscis.gov/news/news-releases/uscis-publishes-fin...

pavanky 10y ago

You can continue working for the new company from the moment they apply for the H1B transfer. But there are a few companies that do not allow this.

hatred 10y ago
AFAICT, there are no companies that allow this since its against the law. Do you have some links where I can read more on this or what companies allow it? EDIT: Thanks everyone for clearing it out. Looks like it's allowed and documented here: https://www.murthy.com/2011/06/27/h1b-faqs/ https://www.murthy.com/2011/06/27/h1b-faqs/ (Ques. 5). Not an official USCIS link though.
- i0exception 10y ago
  This is not against the law. If your visa is current, you can start working as soon as you get the receipt notice for the new H-1B application https://www.murthy.com/2011/06/27/h1b-faqs/ https://www.murthy.com/2011/06/27/h1b-faqs/
- pavanky 10y ago
  It is not against the law. Plenty of silicon valley companies do it.
suryacom 10y ago
Though this is not against the law; I don't know any real companies that does this.
- WWKong 10y ago
  The last 4 companies I joined (all fortune) allowed this. In fact they were pressing for me to start. As OP said, all you need is the application receipt.
- pvelagal 10y ago
  Receipt of H1B (tranfer to new company) application is enough. I dont know of any silicon valley company that does NOT do it.
usernametbd 10y ago
But the only problem is, if you are already terminated, you shouldn't apply for a H-1B transfer. It would be like applying fresh, except you don't have to go through lottery. And also because this is a new visa, you are not qualified to work based on the H-1B portability rule either. So you have to wait until it is approved before you join the new company.