Success Stories/Immigration/H-1B Specialty Occupation/Changing Employers Within the 60-Day Grace Period: Part-Time H-1B Approved with Zero RFE
60-day grace period

Part-time role approved with zero RFE

Changing Employers Within the 60-Day Grace Period

Background

Ms. Z held H-1B status and worked in digital media in the U.S. After leaving her employer, a new employer had to file an H-1B transfer within the 60-day grace period. The new position was part-time.

Challenges

  • After leaving a job there are at most 60 days of grace, so the entire filing had to be completed quickly.
  • The new employer was small and the role part-time, which draws stricter scrutiny of the genuineness of both the employer and the position.
  • The client's field of study did not directly match the position.

Strategy

  • We tailored the job description to the employer's actual business and argued that the role requires a related degree.
  • We used the employer's real operations and specific work arrangements to show the part-time position genuinely exists and meets a real business need.
  • We drew on the client's education and prior work experience to show her expertise closely matches the role.

Case Timeline

Date Milestone
04/14 Petition filed
09/23 Approved with zero RFE

Closing Note

Leaving a job does not mean a gap in status, and small companies and part-time roles can also win H-1B approval. The key is to file early within the grace period while clearly explaining the role's specialized nature and how the applicant's background fits.

A quick note

The 60-day grace period after leaving an H-1B job means "up to" 60 days (and never beyond the current status's validity). Whether it is granted, and for how long, is at USCIS's discretion and is not automatic. So once a new employer is lined up, the sooner the H-1B transfer is filed, the safer.

Outcome

Approved 09/23 with zero RFE.

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