60 Day Grace Period - Joining the company on the 61st Day

Hi All,

Happy Rama Navami.

I have a question regarding the 60 day grace period. My last day of my previous job was Oct 3, 2019 and I joined my new job on Dec 2, 2019. I was in the belief that the 60 day notice starts after the last day of your previous job. That being the case, my 60th day of unemployment is on Dec 2, 2019. But recently I came across some articles in redbus2 saying that the 60 days grace period verily starts on the last day of your previous job which kind of fears me because if that is the case, my 60 day period is over on Dec 1 and Dec 2 is 61st day. I have already started working with my new employer and I have not gone back to India to do the stamping. My I-94 is already valid till Aug 2021.

So my new h1b case was filed on Nov 22, 2019 and approved on Nov 25, 2019 but since it was a Thanksgiving weekend, I was asked by the new employer to join on Dec 2, 2019. So if I goto India for stamping will there be a problem?

Yes, that’s the general rule for getting receipt. Read 60 days H1B Grace Period
As you already filed well ahead, you should be fine. I think one day should be fine.
You can discuss with attorney too to be sure…