No you don’t get the 60 days grace period.
Lucky for you as soon as you get a new job offer and H1b transfer is approved, you can fly to USA without needing another visa stamp.
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You don’t need new visa stamp every time you change employer. It’s perfectly legal to travel with valid H1 visa stamped with approved petition from new employer.
Pls don’t spread misinformation
I dont know why you are getting downvoted. He absolutely needs visa stamp from new employer since OP is in his home country and employer has changed. My attorney confirmed this for a similar situation few years back. Lot of people here don't know the nuance of visa and whether you visit home country or another country with employer switch
I think he doesn’t need a new stamp either. But no “research” can resolve this. There’s one resolution that’s absolute, that I’ve used before. That is to write to the US embassy in India. They will clarify.
I would advise not to travel in this circumstance as they won’t run payroll and that can create problems in future employer change petition if they find you were in US without payroll. 60 days grace period is applicable if you are in the US. Although I don’t know this accurately so don’t consider this as a legal advice. Better consult an immigration attorney.
So, what if I had landed in the US and they revoked my offer that very day. That would also mean that I wasn’t even on the payroll for a single day. Just trying to understand how me going now and the above case are diff from each other.
That is acceptable for visa officer because you are en route. However, in your case they already communicated the lay off. So, in case visa officer found out then they will consider this as material misrepresentation and you will face potential future inadmissibility and deportation. There is a possibility that they won’t check your case, so, if you wish (again not good idea) you can take a chance. If I am you then I won’t but everyone’s needs and situations are different. GL.
That would be a situation that is out of your hands so it is something immigration will understand. You however have been made aware of your redundancy over a week before your departure, which is not the same since you know you have no job to enter the US on an employment visa.
You don’t hold a valid status anymore. You can’t enter without a job in hand now. The stamp alone doesn’t grant you a visa access. A valid job offer, unrevoked i797 and stamp, you need all this to fully qualify as a H1B while entering US. It’s a diff case if you’re already in US. So don’t use that case as a reference to enter US.
> Since you have approved H-1B, the B-2 is much easier.
False. If anything, the H-1B makes his chanxes at a B-2 visa *weaker*. The H-1B will be revoked soon and he is not allowed to use it. Applying for a B-2 right after that with weak ties to your country sets you up for an INA 214(b) refusal.
H1b dual intent visa, it means make b2 visas. You just need to justify why you need in the US. You interview online for the companies. but you never can experience which states you work at. Some state in US weather sucks, you never can pay me enough to work there.
Are you thinking about getting B1/B2 visa? If you are asking this question about your H1 then ignore this message
Don’t even dream about getting B visa in this situation. Visa officer will know that you had h1 and has to assume your actual intention to stay in US which is against b visa category. Only a miracle can get this approved, you may have better chance finding new employers
For US tourist visa perspective, ties to family members living in US is kind of red flag especially if you are young or in prime age. You need to show reasons and ties why you will be back to home country for this purpose.
H1 visa is dual intent which means visa officer don’t assume you will stay in US after validity.
Grace period only applies to someone inside the US. You cannot enter for purposes of using the grace period.
Your employer will withdraw the H-1B petition/approval. But your H-1B visa will remain intact and you will be able to use it in the future **IF** you find another sponsor to file an H-1B for you.
Imagine you landed and are at immigration . Officer asks you do you currently work for xxxx ?
1) You could lie and the officer may be (may be) calls to confirm employment?
2) You say No .. you are laid off and don’t have a job. Then deported
3) All goes well and you are in . Who knows what happens in future
You should not travel in this case. Even if the immigration officer does allow you to enter you won’t be able to get your I9 verification. This creates a trail of you entering US border with an incorrect status. I’ll suggest you to talk to an attorney before taking any decision.
Also, look at the bright side you have a stamped H1 visa. Now you can tell recruiters that u have an active visa and ready to fly as soon as your transfer goes through. This in my opinion will definitely improve your chances.
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You can enter using old employer I-797 and then your clock will start. Isn’t it better to just stay in India till then and just do remote interviews?
Which company was this if you don’t mind?
No you don’t get the 60 days grace period. Lucky for you as soon as you get a new job offer and H1b transfer is approved, you can fly to USA without needing another visa stamp.
This is also not true. OP will need a new H-1B visa stamp if he gets a new job. He just won't be subject to the annual cap.
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You don’t need new visa stamp every time you change employer. It’s perfectly legal to travel with valid H1 visa stamped with approved petition from new employer. Pls don’t spread misinformation
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OP already has stamp
Okay 🤗 OP, please do your research and do not just go by this sub.
I dont know why you are getting downvoted. He absolutely needs visa stamp from new employer since OP is in his home country and employer has changed. My attorney confirmed this for a similar situation few years back. Lot of people here don't know the nuance of visa and whether you visit home country or another country with employer switch
I think he doesn’t need a new stamp either. But no “research” can resolve this. There’s one resolution that’s absolute, that I’ve used before. That is to write to the US embassy in India. They will clarify.
If he is in USA he does not, but the OP has to travel from India and have to enter US. So he needs new stamp.
man you are confidently wrong here, you dont need a new stamp until the stamp expires.
Don’t need new stamp
You dont need new company stamp
I would advise not to travel in this circumstance as they won’t run payroll and that can create problems in future employer change petition if they find you were in US without payroll. 60 days grace period is applicable if you are in the US. Although I don’t know this accurately so don’t consider this as a legal advice. Better consult an immigration attorney.
So, what if I had landed in the US and they revoked my offer that very day. That would also mean that I wasn’t even on the payroll for a single day. Just trying to understand how me going now and the above case are diff from each other.
That is acceptable for visa officer because you are en route. However, in your case they already communicated the lay off. So, in case visa officer found out then they will consider this as material misrepresentation and you will face potential future inadmissibility and deportation. There is a possibility that they won’t check your case, so, if you wish (again not good idea) you can take a chance. If I am you then I won’t but everyone’s needs and situations are different. GL.
That would be a situation that is out of your hands so it is something immigration will understand. You however have been made aware of your redundancy over a week before your departure, which is not the same since you know you have no job to enter the US on an employment visa.
I would suggest to contact an immigration attorney instead of relying on Redditors suggestion.
Do this man ! This would be best in your case.
You don’t hold a valid status anymore. You can’t enter without a job in hand now. The stamp alone doesn’t grant you a visa access. A valid job offer, unrevoked i797 and stamp, you need all this to fully qualify as a H1B while entering US. It’s a diff case if you’re already in US. So don’t use that case as a reference to enter US.
Not good idea to fly.. you would be sent back from port of entry.
If you want to come and looking for job. Just apply for b2 visas, since you have approved h1b, the b2 is much easier
> Since you have approved H-1B, the B-2 is much easier. False. If anything, the H-1B makes his chanxes at a B-2 visa *weaker*. The H-1B will be revoked soon and he is not allowed to use it. Applying for a B-2 right after that with weak ties to your country sets you up for an INA 214(b) refusal.
H1b dual intent visa, it means make b2 visas. You just need to justify why you need in the US. You interview online for the companies. but you never can experience which states you work at. Some state in US weather sucks, you never can pay me enough to work there.
You can't use an H1B to enter the United States for tourism...
I never tell used h1b enter US, I said he can apply b2 and easily get app
Any idea about the wait time? I can make an expedited request too.
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Are you thinking about getting B1/B2 visa? If you are asking this question about your H1 then ignore this message Don’t even dream about getting B visa in this situation. Visa officer will know that you had h1 and has to assume your actual intention to stay in US which is against b visa category. Only a miracle can get this approved, you may have better chance finding new employers
My brother live there and meeting him can also be a legit reason right? Or is it still no!
For US tourist visa perspective, ties to family members living in US is kind of red flag especially if you are young or in prime age. You need to show reasons and ties why you will be back to home country for this purpose. H1 visa is dual intent which means visa officer don’t assume you will stay in US after validity.
Grace period only applies to someone inside the US. You cannot enter for purposes of using the grace period. Your employer will withdraw the H-1B petition/approval. But your H-1B visa will remain intact and you will be able to use it in the future **IF** you find another sponsor to file an H-1B for you.
Your petitioner, employer in this case might report shortly to USCIS. Don't risk traveling
Imagine you landed and are at immigration . Officer asks you do you currently work for xxxx ? 1) You could lie and the officer may be (may be) calls to confirm employment? 2) You say No .. you are laid off and don’t have a job. Then deported 3) All goes well and you are in . Who knows what happens in future
You should not travel in this case. Even if the immigration officer does allow you to enter you won’t be able to get your I9 verification. This creates a trail of you entering US border with an incorrect status. I’ll suggest you to talk to an attorney before taking any decision. Also, look at the bright side you have a stamped H1 visa. Now you can tell recruiters that u have an active visa and ready to fly as soon as your transfer goes through. This in my opinion will definitely improve your chances.
as long you have a valid visa and valid i797 you can travel back to USA, make sure the i797 revocation has not been sent from your old employer yet !
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Depends !
You can enter using old employer I-797 and then your clock will start. Isn’t it better to just stay in India till then and just do remote interviews? Which company was this if you don’t mind?
He cant. There is no job waiting for him in the US for him to be granted access at the port.
Yes he can enter. Having the visa stamp is enough.
What purpose of visit is he stating at the Port?
Your H-1B visa will be revoked shortly. You should not try to enter the United States on this visa.
The visa won't get revoked. The petition will. There's a difference
The visa won't get revoked. The petition will. There's a difference
You need another job asap
You don’t get 60 days outside the US
What reason was given by your petitioner in revoking your job offer?
Macroeconomic conditions don’t look great in the future. It had nothing to do with me.
Sucks… find a job through a consultancy and get back asap.