{ "media_type": "text", "post_content": "Am I allowed to be unemployed and stay in the US if my new employer has an h1b petition in process? Like I quit before my h1b change of employer approval is complete? Thank you!", "post_id": "5c185429c08e790012a4926a", "reply_count": 5, "vote_count": 0, "bowl_id": "5abc4bc7cf9bd00013107acd", "bowl_name": "Global immigration " }

Am I allowed to be unemployed and stay in the US if my new employer has an h1b petition in process? Like I quit before my h1b change of employer approval is complete? Thank you!

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Petition review is the grey area which u can explore. U can legally stay until the petition is under review. If favorable, u can continue to stay If unfavorable, u hav to leave within 10 days of receipt. Employers are wary of the challenge of joining resources on receipt as Thers a significant chance of RFE or denial given current situation.

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Given ur situation, u can join on receipt but very risky ...

Yes better to join on receipt rather than stay unemployed . Joining on receipt is not recommended if you are currently employed

Thanks guys! My new employer doesn't want me to start on receipt. Hence I am wondering about that gap unemployed period. I know the grace period is 60 days but not sure if it applies if a petition is already under review?

Thanks so much m1! So basically I'm allowed to stay unemployed as long as the petition is under review? Or does that 60 day grace apply?

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