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Multiple H1B transfers during 60 day grace period after layoff

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  • Multiple H1B transfers during 60 day grace period after layoff

    I have very unique situation after layoff. I got laid off and my last working day was Feb 1st 2018. my 60 day grace period ends on April 2nd 2018. I have got two offers, one from contract role from consulting firm (Company A) and another offer is a very good full time job from Company B. Company A filed for H1-B transfer on March 6th 2018 in premium and received an RFE and company A is yet to respond to RFE. I received offer on March 19th 2018 from company B which is basically after company A filed for H1-B transfer. I haven't joined company A or B yet. Company A is asking me to join them from March 21st so that they can start payroll based on the H-1B receipt since the end client assignment/project got confirmed.
    My personal preference is to join company B. Company B is yet to file H1B and I have explained my situation with company B. Company B is not sure whether they can file my petition before 60 day grace period ends that is April 2nd 2018.

    My previous company (where I got laid off) petition and I-94 is valid until 30 Sep 2019.

    My questions are: 1) if I join company A on March 21st and Can company B still file for H1B transfer based on my previous company(where I was laid off) petition since company A petition is not approved yet.

    2) What are the chances of getting approval if company B files the transfer petition 61st or 62nd day if their process is slow? Will it be considered as out of status since I would be crossing 60 day mark. ?

  • #2
    Originally posted by msnre View Post
    I have very unique situation after layoff. I got laid off and my last working day was Feb 1st 2018. my 60 day grace period ends on April 2nd 2018. I have got two offers, one from contract role from consulting firm (Company A) and another offer is a very good full time job from Company B. Company A filed for H1-B transfer on March 6th 2018 in premium and received an RFE and company A is yet to respond to RFE. I received offer on March 19th 2018 from company B which is basically after company A filed for H1-B transfer. I haven't joined company A or B yet. Company A is asking me to join them from March 21st so that they can start payroll based on the H-1B receipt since the end client assignment/project got confirmed.
    My personal preference is to join company B. Company B is yet to file H1B and I have explained my situation with company B. Company B is not sure whether they can file my petition before 60 day grace period ends that is April 2nd 2018.

    My previous company (where I got laid off) petition and I-94 is valid until 30 Sep 2019.

    My questions are: 1) if I join company A on March 21st and Can company B still file for H1B transfer based on my previous company(where I was laid off) petition since company A petition is not approved yet.

    2) What are the chances of getting approval if company B files the transfer petition 61st or 62nd day if their process is slow? Will it be considered as out of status since I would be crossing 60 day mark. ?
    Hello msnre,
    I am exactly in the same situation, the only difference is my last working day was Feb 22 2018.
    I did not see any responses on this thread since you posted. But did you get any information from outside of this forum or what was your approach and how did you resolved your problem?
    I really appreciate your response on this asap.

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