Laid off and switched to B2. Should i withdraw b2 once H1b transfer initiates?

[dhanush123]

Hi, I am a management consultant that worked for a premier consulting firm, which then got acquired by a big 4 firm. I am currently in 5th year of my h1b. Greencard / I140 hasn't been initiated since my firm laid me off in the middle of perm process

I was laid off on June 30. I applied for B2 visa before last date of termination. I am expecting a job offer in week of July 12 or July 19.

If my new employer were to transfer my H1b in these weeks (July 12 / July 19), do I need to withdraw my b2 application? or can I have two applications (B2 and H1b transfer) simultaneously without confusing USCIS or my next employer? I want to avoid sharing with my next employer that I was laid off.

[mindrd]

Hi, I am a management consultant that worked for a premier consulting firm, which then got acquired by a big 4 firm. I am currently in 5th year of my h1b. Greencard / I140 hasn't been initiated since my firm laid me off in the middle of perm process

I was laid off on June 30. I applied for B2 visa before last date of termination. I am expecting a job offer in week of July 12 or July 19.

If my new employer were to transfer my H1b in these weeks (July 12 / July 19), do I need to withdraw my b2 application? or can I have two applications (B2 and H1b transfer) simultaneously without confusing USCIS or my next employer? I want to avoid sharing with my next employer that I was laid off.

As long as your prior H1B petition is not withdrawn, the new H1B should be fine. the break of the 2 weeks is very small and should it come up, you should request nunc pro tunc which is asking USCIS for a pardon of the break in service.

If the B2 is approved, and your new petition is approved for employment, and there is no breaks between the prior H1B petition validity dates and the new one, you should be fine. However, should the B2 be denied, then you must request either nunc pro tunc or counselor processing. unless the break is only 10 days, in which you have to look for another job.