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How much grace period on H1B and once laid off how much someone has to transfer?

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  • How much grace period on H1B and once laid off how much someone has to transfer?

    My friend was laid off on Friday and he got a letter from HR service saying that the rule is to withdraw H1 on the day of termination date and will be out of status.

    He've already found another employer. They filed my H1B under premium process just before layoff and got receipt number and waiting for results.

    Is it true that he is out of Status? Does he have to leave the country and come back? What happens if they withdrew before he filed?

  • #2
    First of all there is no grace period. However, it is accepted that unless the letter of termination is not received by the USCIS, you are still in status. If a transfer is effected before the revocation, you will be able to just change status. However, if received after the termination letter to the USCIS, then you will have to do a consular processing. If there is still a stamp on your passport, you don't need a new one..
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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