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Additional Posts in H1B Visas
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Do not leave USA.
**1. Leaving the USA:**
- **Avoid Leaving the Country:** If the employee departs the USA during the grace period, they might face difficulties re-entering the country, especially if their H1B status with the previous employer has ended. Re-entry would typically require a new visa stamp.
**2. Getting a Stamp from the New Employer:**
- **No Immediate Need for a New Stamp:** The employee does not need to get a new visa stamp from the new employer immediately if they are already in the USA. The visa stamp in the passport is primarily for entry purposes. If they already have an H1B stamp from their previous employment and it is still valid, they can continue to stay in the country while their new employer's petition is being processed.
### Recommended Actions:
**1. Stay in the USA:**
- **Maintain Continuous Presence:** Remaining in the USA during the 60-day grace period helps avoid complications with re-entry and ensures that the employee maintains their lawful status.
**2. File a New Petition:**
- **Employer Files a Petition:** The new employer should file a new H1B petition (Form I-129) as soon as possible to ensure a smooth transition. Once the USCIS receives the new petition, the employee can start working for the new employer.
**3. Ensure Timely Filing:**
- **File Within Grace Period:** It is crucial that the new petition is filed within the 60-day grace period. This allows the employee to maintain their status without a gap.
By avoiding unnecessary travel and ensuring the timely filing of the new petition, the H1B employee can effectively transition between employers while staying in compliance with immigration regulations.
Thank you so much!