Navigating the Grace Period When an H-1B Transfer is Denied

When faced with the denial of an H-1B transfer, it is crucial to understand the implications and the steps to take to ensure compliance with U.S. immigration regulations. This article provides a comprehensive guide on what to expect when your H-1B transfer is denied, including the grace period duration, I-94 validity, no gap in employment, and the next steps.

Grace Period Duration

One common question is the start date of the 60-day grace period when an H-1B transfer is denied. According to U.S. immigration regulations, the grace period typically starts from the date of the denial notice, not from the date of starting work for the new employer. This grace period is a safeguard to allow individuals time to either secure a new job sponsor, apply for a change of status, or prepare to leave the U.S.

I-94 Validity

Your I-94 validity plays a crucial role in determining your stay and work status. If your I-94 is still valid, you can remain in the U.S. until the expiration date. However, it is important to note that you cannot continue working without a valid work authorization. This means that after the denial of the H-1B transfer, you would need to secure new employment or seek alternative work authorization options.

No Gap in Employment

In situations where there is no gap between the previous and current employment, the individual is typically considered to be in legal status during that period. Despite this, the denial of the H-1B transfer means that you must take immediate action to ensure compliance. Without a new sponsor, you may face legal issues, including the possibility of working illegally in the U.S. This can lead to severe consequences, including fines, deportation, and a bar to future immigration.

Next Steps

Upon receiving a denial of an H-1B transfer, it is advisable to consult with an immigration attorney to explore your legal options. These options may include filing an appeal, seeking a new employer, or considering other immigration pathways. It is crucial to keep track of all relevant dates and documents related to your H-1B status and any actions you may need to take during the grace period.

Note: The information provided here is based on general understanding and should not be considered as legal advice. It is highly recommended to contact the U.S. Citizenship and Immigration Services (USCIS) or an authorized immigration attorney for legal guidance.

Additionally, if there are any signs of working illegally, it is imperative to immediately cease any unauthorized employment. Violating employment regulations can result in severe legal consequences for non-citizens.

If you are unsure about your compliance with H-1B regulations, you should contact USCIS to verify your status. Do not rely solely on information found online but seek expert legal advice to avoid potential future issues.

Remember, maintaining legal status is crucial for future career opportunities and financial stability. It is always best to remain informed and proactive in managing your immigration status.