How long can I stay in US on H1B without working?


I am in the process of making transition to another job. I have already given my termination date with the current employer, but the new employer has not got the LCA and did not apply for my H1B transfer yet. How long can I stay on H1B status without working in US?

Thanks in advance.


You can stay on an H1-b upto 30 days without working in the US. Essentially, once your employment is terminated - the H1b is null from the very same day - but due to the time taken for the company to report the information to USCIS, you get 30 days within which you can get transfer done and then continue maintaining h1b status.

An immigration process must be active for you to stay in status. How much time since LCA has been filed? I have seen at least two cases where because of the clock, the new employer notified USCIS that LCA is pending in case of candidate so immigration knows this is a transfer case, just incomplete for the time being.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO, USA.;