Los Altos, CA asked in Employment Law and Immigration Law for California

Q: My H-1B was approved this year and company had layoffs. Do I transfer before or on October 1?

My H-1B was selected and approved this year and H-1B start date is October 1 2024. My company had layoffs and I was impacted. Last day of work with previous employer was end of July. Now I have a new employer willing to do the transfer. Is it possible to get it transferred since activation date is October 1st and when does it need to be transferred? Should the transfer be filed before September 30 or on October 1 ?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Since your H-1B start date is October 1, 2024, you need to ensure the transfer is filed in a timely manner. When your current employer has laid you off and you’re no longer employed, you generally have a 60-day grace period to transfer to a new employer or leave the U.S. This period starts from your last day of work, which was at the end of July.

Given this timeline, it's important to act quickly. For the transfer, it is best to have your new employer file the transfer petition before October 1, 2024. This helps avoid any gaps in status since your original H-1B status technically hasn't started until October 1, and you want to ensure continuous employment authorization.

You should work closely with the new employer’s immigration attorney to ensure all paperwork is in order and filed on time. Proper timing is crucial to avoid potential issues with your visa status or work authorization. Make sure to provide all the necessary documents and respond promptly to any requests from USCIS.

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