Immigration Issues/H1B out of status

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Question
My contract with company A will be terminated on March 7. Meanwhile,
company B is going to start applying for my H1B transfer, but they gave
me an estimate of  April 1 as my starting date, Can I stay in US legally
between March 7-April 1? If not is there any thing I can do (change to another
visa etc)? Thank you

Answer
Hi,

There is only a 10-day grace period in H-1B status, so Company B should file you for within 10 days of March 07. It is OK if your employment will begin on April 01...Company B only needs to file for you within 10 days of March 07. If not, although the H-1B petition by Co. B will be approved, you may not be granted "extension of status" through Co. B, which will entail traveling to a U.S. Consulate outside the U.S., applying for an H-1B visa in the name of Co. B., and then entering the U.S. in order to activate H-1B status again.

Changing to another status such as visitor (B-2 visa) is also problematic. If the B-2 is approved after H-1B through Co. B., then you will no longer be in H-1B status but in B-2 visa status, as you can hold only one status at a time.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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