H1b 60 day grace period and I-140 validity after 6 months

[SRK_SRK]

Gurus,

mixed vinna so asking

1) Is the 60 day grace period after h1-b employee layoff is applicable to all or only to i-140 approved candidates ? any other restrictions here ?

2) Can Employer-A apply for H1-b extension or H1-B transfer to Employer-A using approved I-140 applied by Employer-B after 6 years of H1-b?  (staying 6 months with Employer-B after i-140 approval).

[tacobell fan]

1 minute ago, SRK_SRK said:

Gurus,

mixed vinna so asking

1) Is the 60 day grace period after h1-b employee layoff is applicable to all or only to i-140 approved candidates ? any other restrictions here ?

2) Can Employer-A apply for H1-b extension or H1-B transfer to Employer-A using approved I-140 applied by Employer-B after 6 years of H1-b?  (staying 6 months with Employer-B after i-140 approval).

grace period is for all. If you are confused, take attorney suggestion but you can trasfer with approved I-140 if locked. This job portability is available since Jan 20, 2017.

[SRK_SRK]

4 minutes ago, tacobell fan said:

grace period is for all. If you are confused, take attorney suggestion but you can trasfer with approved I-140 if locked. This job portability is available since Jan 20, 2017.

thanks for the reply .... how about H1b extension from another employer using approved I140 from a different employer?

[tacobell fan]

2 minutes ago, SRK_SRK said:

thanks for the reply .... how about H1b extension from another employer using approved I140 from a different employer?

should work too. No issues. 

[krishna0125]

9 minutes ago, tacobell fan said:

grace period is for all. If you are confused, take attorney suggestion but you can trasfer with approved I-140 if locked. This job portability is available since Jan 20, 2017.

I dont think grace period for all..you should have approved i140..grace period and infinite validity for i140 is given in place of i140-ead. its not for regular h1b.. read this

 

https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

[krishna0125]

14 minutes ago, SRK_SRK said:

Gurus,

mixed vinna so asking

1) Is the 60 day grace period after h1-b employee layoff is applicable to all or only to i-140 approved candidates ? any other restrictions here ?

2) Can Employer-A apply for H1-b extension or H1-B transfer to Employer-A using approved I-140 applied by Employer-B after 6 years of H1-b?  (staying 6 months with Employer-B after i-140 approval).

1.Grace period only if you have i140 and also you should show some circumstances like layoff in job or employee closing the shop etc..

2. Yes Employee A can apply ext based on employee B i140 and you don't even need to wait 6 months if employee B doesn't revoke your i140 and its active.

 

 

[tacobell fan]

1 hour ago, krishna0125 said:

I dont think grace period for all..you should have approved i140..grace period and infinite validity for i140 is given in place of i140-ead. its not for regular h1b.. read this

 

https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

obviously if you are forced to use grace period means you lose the job annate 

USCIS Clearly states this:

Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status.

[nightcrawler]

2 hours ago, krishna0125 said:

1.Grace period only if you have i140 and also you should show some circumstances like layoff in job or employee closing the shop etc..

2. Yes Employee A can apply ext based on employee B i140 and you don't even need to wait 6 months if employee B doesn't revoke your i140 and its active.

 

 

What if

employer A - h1b extension still in process ?

employer B - can still process extension based on i140

[Spartan]

Just now, nightcrawler said:

What if

employer A - h1b extension still in process ?

employer B - can still process extension based on i140

yes they can 

[Spartan]

60 day grace period only for 140 approved candidates only. period. 

[tacobell fan]

1 minute ago, nightcrawler said:

What if

employer A - h1b extension still in process ?

employer B - can still process extension based on i140

No. You will be in soup if your original employer extension is denied you will be out of status if the second employer petition didn't go through. Don't do things on your own pace. 

[dasara_bullodu]

1 minute ago, Spartan said:

60 day grace period only for 140 approved candidates only. period. 

I don't think so. It's not mentioned anywhere ..is there a reference ?

[tacobell fan]

2 minutes ago, Spartan said:

60 day grace period only for 140 approved candidates only. period. 

Not true. Check here.. this is the only benefit along with I-140 PD preservation Obama has done for us before leaving office. 

http://www.immi-usa.com/h1b-grace-period-sgm-law-group/

[TrumpCare]

if I-140 approve ayyiendhi  and 6 months avvaledhu ..................can my new employer transfer the I-140  if old employer doesn't revoke it??

or should I  wait for 6 months and transfer to new employer?

[Prince_Fan]

no just for I-140 candidates....it is for all