I lost my H1B job 1 week ago, but now have a new employer willing to sponsor me for a position that will start in a few weeks. Is there any way I can stay in the U.S. until then?

Answer

There is no grace period for H1B. You only remain in valid nonimmigrant status while you are working for your H1B employer. If your H1B for your new employer had been filed prior to the termination of your H1B employment then you could have remained in a period of authorized stay while it was pending. At this point, your new employer will need to request forgiveness of the gap in status. It would be wise for the new employer to file the petition with premium processing. If the USCIS forgives the gap in status then the H1B approval should be issued with a new I-94. However if the USCIS does not forgive the gap in status, they can still approve the H1B petition, but only for consular processing. Further, if the USCIS makes a finding that you have violated your status, you would typically be required to return to your home country to apply for a new H1B visa. (31.Aug.2015)

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