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Fired on H1B - Question about out of status period while interviewing - Please advise

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  • Fired on H1B - Question about out of status period while interviewing - Please advise

    I was fired(not laid off) from a fulltime position from company A and was informed that my last day on payroll would be November 30. My h1b is valid till 2020 and I also have an I-140 approved.

    I am now preparing for interviews but the scheduled interviews are in late November/early December and I wont get official offers from other companies till mid December.
    As I recollect, I have 60 days grace period after November 30 to stay in the country in out-of-status(not employed).
    Will I be back in status as soon as :
    a) I accept a new offer or
    b) when receipt of my h1b transfer filing is received.
    c) on my first day of joining a new company after receiving the receipt of filing.
    d) or only when h1b transfer is fully processed (takes 2-3 months i think?)
    So essentially, I am trying to determine timelines, especially with the holiday season probably slowing things down with recruiting and h1b transfer.

    Any other additional insights or thoughts would be deeply appreciated.

  • #2
    Pinging..

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    • #3
      Treat this as a normal H1B transfer i.e., you can start working for the new employer upon receiving the filing receipt.
      Just an opinion; Not legal advice.

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      • #4
        Originally posted by scientist2016 View Post
        Treat this as a normal H1B transfer i.e., you can start working for the new employer upon receiving the filing receipt.
        You need your New employer to file a H1B transfer on your behalf. You will be in legal status once you get your filing receipt.
        Last edited by samlynn; 11-26-2018, 07:17 PM.

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        • #5
          Thank you both!

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          • #6
            with what I know, if you submit a H1 transfer with 60 days, you can start working on the receipt. this is the worst time to lose a job. Recruiters will reach you, but there might be delays get an interview or offer due to the holiday season, so apply for multiple positions and get as many interviews scheduled. if you don't have anyone file an H1 within the 60 days, you might still be eligible for 'consular processing'. bottom line, get a h1 transfer done within 60 days.

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