Layoff > H1B Transfer > Transfer Receipt> Stay Inside USA above 60 Days Grace Period

[PSM]

The company I was working has reduced the workforce and my position also got eliminated on March 20th. I’m on H1B visa and my I-94 expiration date and stamped visa date is 9/15/2020. As per the new regulations, my 60 days grace periods end on May 19, 2020.

My questions are:

1. I have got offer from company ABC and they filled my transfer & extension on March 27th in regular processing as premium is suspended and received the receipt notice on April 10, 2020. I believe it will take couple of months to get the petition decision by USCIS. Can I legally stay in US past 60 days grace period waiting for USCIS decision until USCIS make a decision on my H1B transfer petition? If yes, how many days?
   Due to COVID-19 situation, I don’t want to join on receipt and start working immediately.

2. I had a interviews in another MNC pharma company XYZ and its moving in a positive way. This job profile/title is good match with my previous experience. I would like to know that, can I initiate my H1B transfer& extension with company XYZ same time when first H1B transfer petition is already filled and is under process by company ABC ?

[Kumar]

1. Yes, you can stay in US and even work for them until the decision. You will not have status, but you are in period of authorized stay.
2. Well, this is the tricky situation, you could end up in something called Bridge situation, where the approval of the middle petition may become important…It is slightly grey, because your I-94 is valid at this point, but as the job is not there, it may not work…
   Better thing to do is file it as Consular processing, get approval and then exit the country and re-enter using them. That way you dont activate or go into bridge situation…

[PSM]

Hi Kumar,
Thank You very much for detailed answer.