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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111679
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a job till May 31st, and my company would be filling

Customer Question

I have a job till May 31st, and my company would be filling for H1B withdraw on June 1st.
I have another company that is willing to file for my H1B transfer within next 2 weeks.
Is there anyway I can stay in US for the gap of 2 weeks between employment filing.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Once a termination of employment occurs, your H-1B status ends and there is NO grace period. Thus, you need to ask your prospective new employer to file an H-1B petition for change of employer (i.e. H-1B transfer) or you have to file for a change of status to another visa type, such as visitor visa, before your termination occurs. Once the H-1B transfer or change of status is filed, if the employer later notifies the immigration service of the termination or requests withdrawal, it generally would not impact your pending application or the immigration status.

If you do nothing and they do not file the transfer or you do not get a change of status filed before the withdrawal, you have to leave immediately as you would be out of status in the country and if you stay here out of status that could be used as grounds to deny the H1B transfer or change of status visa.

Customer: replied 6 months ago.
If I file for change of status to stay legally in the country, would my new employer file for H1 transfer or he will have to file new H1B petition since I will be on a different status (e.g. B1,B2) ?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

He would have to file a change of status and new H1b, instead of a transfer. But if you get terminated before he gets the transfer filed he is going to have to file a new petition anyhow.
Customer: replied 6 months ago.
If I have two H1 transfer petition filed, would result of one impact the other?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
The last H1b transfer would be considered the valid transfer and would essentially cancel out any transfer filed before it.