My current H1B I797 and I94 expires : April 2022 .
My last date at this company was 11th June 2020, so my H1B Grace period to find new employer ends on 10th Aug 2020 .
Assume that I will be able to find a new employer who timely files my H1B transfer to USCIS (Somewhere in 3rd week of July 2020 ).
I know that I can join the new employer immediately after USCIS receives H1B transfer package, however assume that I am not joining them until it is approved. And obviously since I am not joining a new employer, they will not start paying me till the time I join them - so no paychecks.
Assume that my H1B will be approved on 30th Nov 2020 and then I join the new employer on 1st Dec 2020 .
- In above scenario, my payroll was not generated by any of my employers from 12th June 2020 to 30th Nov 2020 - is this fine, legally ?
Can I stay legally in USA (without pay) for this period when my H1B transfer application was pending ? (I94 is valid long enough till April 2022)
- If answer to 1st question is “Yes”, then how many days I can stay legally in USA without pay ?