I am on H1B and lost my job a few weeks ago. If I cannot find employment within 60 days of my last paycheck, do I need to go out of the country for visa stamping before I can join a new employer?

Answer

If an H1B petition is filed within the 60-day grace period (i.e., 60 days of the last date of employment, not the last date of a paycheck), then it generally is treated as a timely filing and the individual is permitted to work based on the pending petition. If the H1B petition is not filed within the 60-day grace period, the person typically falls out of status and must leave the U.S. Any H1B filed after that 60-day grace period typically would need to be filed for consular processing and one would not be able to work based on the receipt notice. (06.May.2019)

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