I was laid off from my H1B job and am still in my grace period. I received a new job offer, but the start date would not be until about 6 weeks after my grace period ends. Is it permissible for the H1B change of employer to be filed requesting a start date that is past the end of my grace period?

Answer

We typically recommend that H1B change-of-employer petitions request a start date that is no later than the last day of the beneficiary’s grace period. If it is filed requesting a date later than that, the USCIS still has the discretion to approve the petition with an I-94, but there is a risk that the USCIS would determine the case can only be approved for consular processing.

Another option may be to also file for a change of status to B-1/B-2 before the end of one’s grace period. And then have that cover the gap between the end of the grace period and the new employment start date. However, you may wish to consult with an attorney to discuss this option before proceeding.  (08.Jun.2023)

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