H-1B Denial Grace Period


If you are attempting to transfer your petition and your transfer is denied, you will have until the departure date on your I-94 arrival/departure card. If your employment is terminated before your H-1B validity period is over, you will have a 60-day grace period with which to find new employment, change your status to a new visa, or leave the country.

If you are still in the U.S. after your departure date, you will be at a serious risk of being considered “out of status”, which could result in you being barred from further entry into the U.S. H1B Visa Process Check UT Evaluators

Transferring from Cap-Exempt to Cap-Subject

One question we often get is this: can someone apply for an H-1B through a cap-exempt employer and, once in the U.S., simply transfer to a cap-subject employer to avoid the lottery? The answer to that question is no.

If you enter the U.S. by petitioning for an H-1B under a cap-exempt employer (such as a university or a government research program), you can only transfer your H-1B status to other cap-exempt employers without counting against the cap.

As soon as you attempt to transfer your status to a cap-subject employer, your petition will be entered into the lottery, which means that you need to file the petition on April 1st with everyone else. For H1B Visa Process Visit here

Premium Processing

Fortunately, you can use premium processing for your H-1B transfer petition. By filing an I-907 along with your H-1B petition, you can shorten your petition’s processing time from the usual average of six months to just 15 calendar days. This service is completely optional and you will also be responsible for the $1,410 fee.


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