H1B

Should I be worried that my H1b transfer petition for my new employer will be filed ~1 week after my last day with my old employer?

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I got approved after using the full 60 day grace period and departing the country after my previous employment ended. New employer filed it as a cap exempt petition. You’re fine.

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I thought you have 60 days grace in which you can be unemployed before you transfer or leave

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My transfer was approved 2 days ago! Thanks for the advice everyone! :)

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NO. You are absolutely fine 200%.

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helpful
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M3 you are right

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You should be fine, as long as the petition is filed within 60 days of your last day at your previous company.

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You are fine

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Following

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Of course. Who quits before transfer?

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Na I guess now... should be fine... unless someone tells me otherwise..

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@SC1, have you been in this situation?

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I may get in to that situation soon... :p spoke to a semi attorney not a legal immigration attorney and was told to understand fine.. as I said I may be wrong...

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Ty M1 for confirming. ;)

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Thanks, M1 :) Appreciate the response!

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I think ur in trouble ... in theory ur out of status for those 8 days ... with the current situation wit USCIS, they might flag it

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No. You are fine

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Nope you are fine - you have 60 days

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My HR said that legal advises to not give notice till USCIS sends a receipt. But this is my first time seeing mention of the grace period. Good to know!

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Not just receipt... best to wait for approval

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@OP, how long did the whole process take for you? He lawyer just started gathering my documents yesterday and is estimating a start date of mid-end of September. I’m not keen on starting early, just want to resign ASAP.

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