Applying for a second H-1B transfer after the 60-day grace period while a first transfer is pending
Q1: My brother was recently laid off from his current company. Let's say he applied for an H1B transfer within 60 days (grace period) with Company-A, and it’s still in process. Then, after 60 days, can he apply for an H1B transfer with Company-B (better opportunity)?
Q2: To follow up on the above scenario, if his H-1B is denied (company-A), how much time does he have to leave the country?
Q3: He was notified about his last day as Oct 30th. Does his 60-day grace period end on Dec 30th? Or is it 60 working days?
*Note: His current company said they have not revoked the H-1B.
If someone applies for an H-1B transfer within the 60-day grace period and later applies for another transfer after 60 days, they can file multiple petitions. However, for approval to continue working in the U.S., the first petition (filed within the grace period) must be approved. Otherwise, they may need to leave the U.S. for visa stamping.
The 60-day grace period starts the day after the last fully covered pay period, not the paycheck date, and it consists of calendar days, not working days.
Impact of H-1B automatic revocation on future sponsorship and job change: What does 'Case Was Automatically Revoked' mean?
I was on H1B (shows automatically revoked), then switched to B2, then switched to F1 (current status) without leaving the US.
1 - Will automatic revocation of H1B cause any issues? Is it simply because the employer has submitted a withdrawal after terminating my role?
2 - When I find a new job that sponsors, will the revoked H1B cause any issues? I have only used 4 months of my initial H1B. It will be a switch from F1 to H1B if everything works out.
Just wanted to clarify what "Case Was Automatically Revoked" means; revoked - sounds a bit concerning. My role was terminated.
If your H-1B was automatically revoked after activation (i.e., you were already on H-1B status), it typically won’t affect future sponsorships or job changes. However, if it was revoked before activation, issues may arise, and it’s recommended to re-enter the lottery to ensure eligibility.
Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery?
I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).
Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B?
If your H-1B was approved but not activated (e.g., through change of status or visa stamping), you likely need to re-enter the lottery if it’s revoked. However, if the H-1B was activated (e.g., you worked on it), revocation doesn’t usually require re-entering the lottery, though you may need to refile through a new employer. Always consult an attorney for specifics.
Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes
I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.
If my boss is willing, can he:
Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?
You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.
Visa Bulletin For January 2025
Number 97
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
Recording for December 05, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed:
FAQs: Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes || Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery? || Impact of H-1B automatic revocation on future sponsorship and job change: What does 'Case Was Automatically Revoked' mean? || Applying for a second H-1B transfer after the 60-day grace period while a first transfer is pending
Rajiv's Comments in the News - US H-1B visa cap for FY2025 reached: Can Indians still apply and what should applicants do? All details here
Published by: Mint- Nov 04, 2024
https://www.livemint.com/news/world/us-h-1b-visa-cap-for-fy2025-reached…
Quotes and Excerpts from Rajiv in the article:
USCIS Reaches Fiscal Year 2025 H-1B Cap
Release Date
USCIS has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025.
USCIS Now Requires Report of Immigration Medical Examination and Vaccination Record to be Submitted with Form I-485 for Certain Applicants
Release Date
USCIS now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected.