Tweet
60 Days Grace when H1B Transfer Denied while working with Employer B on Receipt?
Thanks for taking time to read my post.*
I was working with Employer A until June 2017 and my I-94 was/is valid till Oct 2018.*
Employer B filed H1B Transfer under Regular Processing (due to P.P. Freeze) and I started working with them based on "Receipt" starting July 2017.*
In August USCIS issued a RFE (requesting evidence on job/role being Specialty Occupation requiring Bachelor's Degree) which the Attorney responded to in Nov 2017. On 21st Nov I saw on USCIS website that the case was Denied. Attorney is yet to receive the physical copy and said that upon receipt of that I will need to stop working for Employer B and leave USA as soon as possible. Employer B is planning to start new H1B application under Consular Processing and therefore I will need to get Visa Stamping done upon approval and then enter USA.*
I have already confirmed that the old Employer A has not proactively filed to revoke my H1B.*
My questions:*
1. My understanding is that I cannot go back and resume working with Employer A because there's gap of about 5 months in payroll and also the Employer B did generate Paystubs for those 5 months. Can't get paid by two employers for same period on H1B.*Please correct me if I am wrong.*
2. Do I get the 60 days Grace Period (based on Rule implemented in Jan 2017) staring the date of H1B Transfer Denial?
--- (a). If yes, then do I really need to leave the country? Can I stay in USA up to 60 days and wait for Approval on the new Petition?*
--- (b) If no, is that because I*was working with Employer B based on Receipt?
3. If I do get 60 days Grace Period then can I start working again as soon as I get Receipt of new H1B petition or do I have to wait till the Approval.*
4. While I am staying out of USA can I continue to work for Employer B and get paid here in USA?
I was working with Employer A until June 2017 and my I-94 was/is valid till Oct 2018.*
Employer B filed H1B Transfer under Regular Processing (due to P.P. Freeze) and I started working with them based on "Receipt" starting July 2017.*
In August USCIS issued a RFE (requesting evidence on job/role being Specialty Occupation requiring Bachelor's Degree) which the Attorney responded to in Nov 2017. On 21st Nov I saw on USCIS website that the case was Denied. Attorney is yet to receive the physical copy and said that upon receipt of that I will need to stop working for Employer B and leave USA as soon as possible. Employer B is planning to start new H1B application under Consular Processing and therefore I will need to get Visa Stamping done upon approval and then enter USA.*
I have already confirmed that the old Employer A has not proactively filed to revoke my H1B.*
My questions:*
1. My understanding is that I cannot go back and resume working with Employer A because there's gap of about 5 months in payroll and also the Employer B did generate Paystubs for those 5 months. Can't get paid by two employers for same period on H1B.*Please correct me if I am wrong.*
2. Do I get the 60 days Grace Period (based on Rule implemented in Jan 2017) staring the date of H1B Transfer Denial?
--- (a). If yes, then do I really need to leave the country? Can I stay in USA up to 60 days and wait for Approval on the new Petition?*
--- (b) If no, is that because I*was working with Employer B based on Receipt?
3. If I do get 60 days Grace Period then can I start working again as soon as I get Receipt of new H1B petition or do I have to wait till the Approval.*
4. While I am staying out of USA can I continue to work for Employer B and get paid here in USA?
Comment