Here is my condition right now, I was employed until I got laid off last week, so my 60-day grace period begun on May 30th, 2018. I, however, had a new job offer during the layoff and they are in the process of filing H1B transfer.

While going through some of the terms and conditions in this link regarding the grace period, H1B grace period, I believe that according to American Competitiveness in the Twenty-First Century Act (AC21) a person who is in the grace period can begin employment after the H1B petition is filed by the new employer during the grace period.

I would like to confirm about the factualness about what I have understood here and how do I communicate this to my lawyer and HR rep not giving them an wrong impression about my lay-off.

  • What was the employment start date on the new petition that was, or is being, filed? You can start work on or after that date once USCIS has received the petition.
    – Dennis
    Jun 4 '18 at 17:57
  • Not sure yet, they are yet to file it. Jun 4 '18 at 17:58
  • 1
    If your new employer started your transfer process I believe your status switches from "grace period" to "status adjustment", so you are in a safe side. As soon as you receive the new petition (or when USCIS receive it, not sure in this particular detail, but definitely not earlier than some flag event which you can google), you are free to work with new employer.
    – Anna Bot
    Jun 7 '18 at 17:10

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