H1 grace period, 10 or 20 days?

Old Jan 26th 2001, 1:55 am
  #1  
beth_1
Guest
 
Posts: n/a
Default

hi all,

I came across this law

8CFR, Sec. 214.2(h)(13)(i)(A)
http://www.ins.usdoj.gov/cgi-bin/fol...oks.nfo/query=[jump!
3A!278cfrsec2142h!27]/doc/{@16547}?
(13) Admission.
(i) General.
(j) A beneficiary shall be admitted to the United States for the validity period of the
petition, plus a period of up to 10 days before the validity period begins and 10 days
after the validity period ends. The beneficiary may not work except during the
validity period of the petition.

I am shifting jobs, presently am on an L1 and my new company has applied for a H1. will it
be legal for me to stay in US for 20 days between by L1 expiry and H1 approval. L1(last
date in present company) + 10 days ok 10 days + H1(start date for new company) ok.
=
L1 + 20days + H1.

This is the situation I am in. the receipt date for my H1 is 21st Nov in California.
I am expecting to leave my present job on 23 Feb (I told that to my boss). Which
seemed reasonable, may be not....... Can someone share there any recent approvals
from this center?

Also in case my visa is not approved in time, can i change status to B2 (I got this idea
after reading the news group)? if it is possible, can someone give me some pointer's on
how to go about doing this. And what is the approval/rejection rate in cases like mine.

Also once my H1 is approved, do i need to get it stamped before taking up the job? my I-94
is valid till the end of 2001. (my lawyer says it is not required, and I believe him, but
just want to reconfirm)

thanks in advance.
 
Old Jan 26th 2001, 6:11 pm
  #2  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default

I came across this law
>
> 8CFR, Sec. 214.2(h)(13)(i)(A)
> http://www.ins.usdoj.gov/cgi-bin/fol...oks.nfo/query=[jump!
> 3A!278cfrsec2142h!27]/doc/{@16547}?
> (13) Admission.
> (i) General.
> (A) A beneficiary shall be admitted to the United States for the validity period of the
> petition, plus a period of up to 10 days before the validity period begins and 10
> days after the validity period ends. The beneficiary may not work except during the
> validity period of the petition.
>
> I am shifting jobs, presently am on an L1 and my new company has applied for a H1.
> will it be legal for me to stay in US for 20 days between by L1 expiry and H1
> approval. L1(last date in present company) + 10 days ok 10 days + H1(start date for
> new company) ok.
> =
> L1 + 20days + H1.

I have gone over the L regulations [8 CFR, Sec. 214.2(l)], and I can't find any reference
to a 10 day grace period.

> This is the situation I am in. the receipt date for my H1 is 21st Nov in California.

If the H-1B petition contained a request to change your status from L-1 to H-1B, and the
requested start date in the H-1B petition was within 10 days of the filing, then your
stay in the U.S. has been authorized since 11/21/00. You could have quit your L-1 job
back then, and you would have been fine. You are fine right now. The only problem would
be if the H-1b petition is denied, and your I-94 for your L-1 had expired more than 120
days before.

> I am expecting to leave my present job on 23 Feb (I told that to my boss). Which
> seemed reasonable, may be not....... Can someone share there any recent approvals from
> this center?
>
> Also in case my visa is not approved in time, can i change status to B2 (I got this idea
> after reading the news group)? if it is possible, can someone give me some pointer's on
> how to go about doing this. And what is the approval/rejection rate in cases like mine.

If the H-1B petition requested that your status be change from L-1 to H-1B, it is not a
good idea to submit another application asking to change your status to B-2.

> Also once my H1 is approved, do i need to get it stamped before taking up the job?

If the H-1B petition requested that your status be change from L-1 to H-1B, you do not
need to get a visa stamp. You may go on the payroll as of the date of approval.

my I-94 is valid till the end of 2001. (my lawyer says it
> is not required, and I believe him, but just want to reconfirm)
 
Old Jan 28th 2001, 11:23 pm
  #3  
Ingo
Guest
 
Posts: n/a
Default

:

>hi all,
>
>I came across this law
>
>8CFR, Sec. 214.2(h)(13)(i)(A)
>http://www.ins.usdoj.gov/cgi-bin/fol...oks.nfo/query=[jump!
>3A!278cfrsec2142h!27]/doc/{@16547}?
>(13) Admission.
>(i) General.
>(A) A beneficiary shall be admitted to the United States for the validity period of the
> petition, plus a period of up to 10 days before the validity period begins and 10
> days after the validity period ends. The beneficiary may not work except during the
> validity period of the petition.
>
>I am shifting jobs, presently am on an L1 and my new company has applied for a H1.
>will it be legal for me to stay in US for 20 days between by L1 expiry and H1
>approval. L1(last date in present company) + 10 days ok 10 days + H1(start date for
>new company) ok.
>=
>L1 + 20days + H1.

I'd say, only 10 days because you are not ENTERING the US, so the 10 days before the job
rule wouldn't apply. The *requested* L-1 start date would have to be within the 10 day
period of the H-1B.

>This is the situation I am in. the receipt date for my H1 is 21st Nov in California. I am
>expecting to leave my present job on 23 Feb (I told that to my boss). Which seemed
>reasonable, may be not.......

No problem. Once the H-1 change is filed, you would be safe even if you left the job the
next day. Not necessarily recommended.

>Can someone share there any recent approvals from this center?

I think that is reasonable. Just be careful that you do NOT work in the L-1 job after the
H-1B is approved! That would be clearly illegal.

>Also in case my visa is not approved in time, can i change status to B2 (I got this idea
>after reading the news group)? if it is possible, can someone give me some pointer's on
>how to go about doing this. And what is the approval/rejection rate in cases like mine.

DO NOT apply for a change to B-2. That would supersede the request for change to H-1B, and
once you get the H-1B, you'd still remain a B-2.

>Also once my H1 is approved, do i need to get it stamped before taking up the job? my
>I-94 is valid till the end of 2001. (my lawyer says it is not required, and I believe
>him, but just want to reconfirm)

Yes, that's correct. The I-94 is immaterial here because you will get a new one with the
H-1B approval. The visa stamp is only necessary if you want to travel outside the US
(travel to Canada or Mexico for up to 30 days is OK without the stamp).

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.