Summary
If an H1B transfer application is filed within the 60-day grace period, the applicant can legally stay in the U.S. Beyond this period, even without a receipt. The employment start date does not impact the legality of staying, but starting work before the petition is approved can lead to complications. Under USCIS regulations, an H1B visa holder can start working for the new employer once the transfer petition is received. If the petition is denied, employment must stop immediately. Consult an immigration attorney for specific advice.Full Conversation
A person is on H1B and in his grace period of 60 days. if the new employer files an H1B tranfer application before 60 days grace period ends but does not receive a receipt, can the person stay beyond 60 days grace period lawfully?
Based on U.S. immigration law:
- The person can stay in the U.S. lawfully after the 60 days grace period if the H1B transfer petition was filed within the 60 days.
- The receipt is not necessary to stay legally.
- The person's lawful status will be based on 'pending application' after the grace period until a decision is made.
so as long as the new employer has filed the H1B visa transfer application before 60 day grace period ends, the candidate or applicant can legally stay in the US beyond the 60 day grace period even if the receipt of that application is not yet available ?
Yes, that's correct. As long as the H1B visa transfer application is filed within the *-day grace period, the applicant can stay in the U.S. lawfully beyond this period, even if the receipt of the application is not yet available. Their lawful status will be based on the pending application.
in this situation is anything dependant on the employment start date with the employer
In general, the employment start date itself does not impact the H1B transfer process. However, the applicant should not start working for the new employer until the H1B transfer petition is filed. Please consult with an immigration attorney for specific advice.
if the h1b visa application is filed but the employment has not begun with the employer is it still legal to stay beyond 60 day grace period ?
Yes, the applicant can legally stay beyond the *-day grace period if the H1B visa transfer application is filed within this period, even if employment hasn't begun. However, starting work before the petition is approved could lead to complications. It's recommended to consult with an immigration attorney for specifics.
what complications are you thinking?
If the applicant starts working before the H1B transfer is approved, they may:
- Violate their visa status, risking deportation.
- Face potential issues with future visa or green card applications.
- Risk their right to change or adjust status in the U.S.
Please consult with an immigration attorney for a comprehensive understanding.
why these issues? but it is according to uSCIS that a person can start working on the receipt of h1b visa application, correct ?
Yes, you're correct. Under USCIS regulations, an H1B visa holder can start working for the new employer once the transfer petition is received by USCIS, even before it's approved. This is known as 'H1B portability'. However, if the petition is denied, the employment must stop immediately.
ok, so even if a person starts working on recepit notice he is not violating visa status, correct ?
Yes, that's correct. According to USCIS regulations, an H1B visa holder can start working for the new employer once the transfer petition is received, not necessarily approved. This is called 'H1B portability'. But if the petition gets denied, employment must cease immediately.
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