I was in an H1B. I am currently on the 60 day grace period. I have found a new employer and I am in the process of transfering my H1B from my old to new employer and am very close to the end of 60 day grace period.
I want to understand what is the requirement for an H1B transfer and maintaing a legal status. Is it sufficient just to file the petition with the USCIS within the grace period? Or do I need to start working for the new employer before the end of 60 days from my last date of employment with my previous employer?
The requirement is that your transfer petition be filed before you hit the 60 day mark and is received by the USCIS.
You can start working for the new employer while your petition is being processed and adjudicated or you may wait until it is approved and then start working, your choice.
The period between expiry of 60 day grace and petition approval is called ‘authorized period of stay’ so you aren’t considered out of status.