H1B Petition after 60 days grace period

Question

I was working for employer A whose H1B petition is valid until 2020 mid, I joined employer B and got laid off after 8 months. I planned to get back to employer A as his H1B is not yet revoked. However my 60 days grace period is almost ending and my employer A has filed for LCA just 2 days before the grace period expiry, can I still work for employer A or should I need to leave USA before the grace period? If employer A can run the pay stub before the grace period is that fine or should he need to send the petition for amendment or any to USCIS? please advice.

Answer 1

Well, technically, you can only work for employer A after the H1B is filed and you have receipt notice. Your situation is described as an FAQ at : https://redbus2us.com/h1b-grace-period-60-days-uscis-rule-job-loss-you-quit-h4-ead-faqs/

Comments

Hi Kumar,
 Thanks for the reply, so should I need to leave US? or can I stay as they are ready to apply for H1B but after the grace period. As employer A has not revoked my H1B can I still stay in US or should I need to leave US?

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If you are past 60 days or your I-94 has expired, you are considered out of status on paper. It is tricky situation, you may have to leave and enter...You should discuss with your attorney and proceed as they suggest.