H1B Visa Grace Period and H1 transfer

Hi All,

I work for a US based vendor(EC model). I joined them on receipt before i94 expiry and the visa got approved till march 2021. However , my current project got over and I have found a new project with the same company. However , the company is terminating my position and withdrawing the current approved petition so that I will be eligible for 60 days grace period and reinstating the H1 again for the new client since I didn’t find a project within one month as according to the USCIS rules they need to pay the employees on all working days.

  1. Would this reinstating of Visa be considered as transfer as I am joining the same employer
  2. Would withdrawing of current petition prevent h1 transfers for employers who are willing to sponsor
  3. Would withdrawing of current petition invalidate my i94 expiry of March 2021.
  4. I am planning to join my current employer again. While the petition is pending with current employer, can i switch employer if the visa get approved from a different employer as I have used only 1.5 years of my H1.
  1. Well, depending on how it is filed, it could be same or new one. Sometimes, it is technically same H1B, they put it in dormant state without withdrawing it and then activate it…Check with attorney on how they are filing it.
  2. No, it will not. You can transfer to others
  3. Yes, if your not employed, you are grace period from the day your position is eliminated.
  4. Yes, you may switch, but could potentially be in Bridge petition situation. Check with attorney on this part.
    Read 60 Days H1B grace period Rules
1 Like

The new petition which they have filed is for amendment and not for new employment. What does this infer ? any idea ?

Be very clear about what do you mean by a NEW PETITION and AMENDMENT?
NEW PETITION = New H1B Petition?
AMENDMENT could be filed while you are currently in a status (valid status, not terminated etc) and there is a change needs to be done on this RUNNING petition.

Thus, once if your employer terminatest you, there is no AMENDMENT in context. Its like a Divorce. Once you are Divorced, you must get married again to say that you are a couple. You cant say that we are day time only divorced (termination)but will continue to make babies(amendment).

Thanks for the clarification. I work in an Employer Client Model. My employer terminated me and later we found a project in a different location. The new H1 petition which the employer is filing is basically an amendment. I need to clarify with my employer regarding how he can file an amended h1 petition after termination.

If the termination request was approved by USCIS, all your employer can do is to file a new non-cap petition.
If the termination request is in pending status with USCIS, your employer can withdraw that petition and file an amendment, but you must be paid continously without any break (regardless of your client change or you having a project or not).