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Legal Eagle
Legal Eagle, Lawyer
Category: Immigration Law
Satisfied Customers: 5267
Experience:  Licensed to practice before state and federal court
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I'm currently on H1b working with Company A and planning to

Customer Question

I'm currently on H1b working with Company A and planning to join new employer Company B on H1b receipt on 28th August. My application was filed with USCIS on 13th July and i got H1b receipt on 25th July. Now if Company A revokes my H1b after i leave them and if H1b transfer with Company B getsdenied, will i be out of status or i will still get 60 days grace period to look for a new job.
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. According to one of my most trusted sources, the answer to your question is that you don’t have a grace period, but you can file an appeal of your denial. Generally, an appeal should be filed within 30 days from the date of the decision You are not required to submit a brief with an appeal, but you may submit one if you choose. You must, however, provide a sufficient explanation as to why you think the earlier decision was in error. You could also file a motion to repoen if your situation applies. A motion to reopen is a request to the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and “state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.” (8 CFR 103.5(a)(2).) Most motions are filed on Form I-290B, Notice of Appeal or Motion, with the appropriate fee. If your motion needs to be filed on a different form, your denial notice will include the appropriate form information.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.