Since the inception of the 60 days grace period in terms of H1b transfer many questions have arisen as to what happens if one files their H1b transfer beyond the 60 days grace period. There are some legal practitioners and employers who are reluctant to aid the filing of H1b transfer beyond 60 days. But from practice I feel we have had success in filing H1b transfers beyond the grace period as far as you make the right arguments. Should you make these arguments upfront at the time of filing or wait for a RFE depends on circumstances. If the delay is only by couple of weeks we can wait for the RFE and if the delay is more than 2 weeks explain the circumstances as to why there was delay in filing the H1b transfer. Reasons could be you got a job offer earlier but there was some administrative delay in filing the LCA and H1b . In real world job market it does take more than 60 days to land a job and one should explain this to USCIS. The other grounds we can ask USCIS is to consider the family situation like kids attending school and going out of USA can be an issue or having financial commitments like paying mortgage which will be impacted if you travel outside and get stuck for visa appointments or even explain to USCIS about some health condition of you or your family which will be impacted if you go outside USA. Similarly, the employer can also argue as to how their business interests will be impacted if the beneficiary has to leave USA. So I will say from my experience we have had success with filing H1b transfer beyond 60 days grace period and one has to strategize the case based on one’ situation.
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