I was recently laid off from my job (on H1-B). I applied for an EB-5 investor visa in July, and my EAD is pending. I understand that if I find a new job, my employer can file to transfer my H1-B within the 60-day grace period. However, once the 60-day grace period expires, can a new employer still file to transfer my H1-B (since I can stay in the country pending my AoS)? Or do I have to wait for the EB-5 EAD to be approved to start work outside the grace period?
Answers
Lynne Feldman
EB-5 Immigration attorneysTrump has archived the 60-day grace period so it technically doesn’t exist. Since the archiving I have not seen an established pattern of whether USCIS is still recognizing the grace period – if not you would need to consular process. I recommend getting an advance parole before leaving the U.S. – available through your EB-5 AOS..
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