Valid H1B and I-140 on Grace Period

[ajay12pandey]

Hello Respectable Members,

I have a situation and need your valuable comments on this.

* I was working with Employer "A" from past 2 years and got I-140 Approved through them on Dec 2017. While my project over on Feb they gave me 4 weeks of notice to find another employer. Last date was Mar 27, 2018.

* I got Employer "B" who filled my H1B transfer (Normal Process) and given me date of joining as April 1st 2018 (on Offer Letter), so i was fully sure to join them on promise date. All of sudden at they have changed their mind and said joining will be from April 30, 2018.

* I found another Employer "C" who can file my H1B transfer ASAP (Normal Process) and start my project/payroll from April 10 2018. I am joining 'em for now.

* I have offer from Employer "D" who is willing to file my H1B in Premium processing and lot of other career benefits but they are slow and willing me to join by mid May. I am more interested to join employer "D".

Now questions are:

1. I was without job for 10 days, would that be any impact on my future visa transfer.
2. If i join Employer "D" after 1 or two paystub from Employer "C". Do i need to mention this to employer "D", since they will file my h1 transfer by april 20th ( by that time i would not have any paystub from Employer "C"). Also do i need to mention my unemployment with Employer "D" ?
3. What are the scenario if i wanted to join back employer "B" from "D" or "C".

Note : My Current visa is valid until Sept 2019 with Employer "A" and they will not revoke my H1 or I-140.

Thanks in Advance !

[sudipmandal17]

1. I was without job for 10 days, would that be any impact on my future visa transfer.

Ans : No, under current H1b portability (AC21) law this will not impact, however if you go out of status and fail to leave the country within 10 days that would impact your future visa.

2. If i join Employer "D" after 1 or two paystub from Employer "C". Do i need to mention this to employer "D", since they will file my h1 transfer by april 20th ( by that time i would not have any paystub from Employer "C"). Also do i need to mention my unemployment with Employer "D" ?

Ans : No, you dont need to mention anything about C to D, however mention that you are unemployed since March 27 to D and the need for urgency for filing since you will go out of status by end of May, also note H1B transfer even with premium processing is not done instantly, the employer will have to first file LCA which will take 10-15 days and after which they can file with PP, you can join once you get receipt which is generally within 2-3 days but sometimes takes 7-15 days, hence request them to start process immediately if possible, if they start now you are looking at a good scenario of early/mid May to join.

3. What are the scenario if i wanted to join back employer "B" from "D" or "C".

Ans : You can only join them once your H1B petition is approved at D/C (not the receipt, your I-129 has to be approved, for PP this is within 15 days if you dont get RFE for standard it could take anywhere between 2-9 months). To join B they will have to fresh petition you again with your I797 receipt of employer D/C.

[sudipmandal17]

1. I was without job for 10 days, would that be any impact on my future visa transfer.

Ans : No, under current H1b portability (AC21) law this will not impact, however if you go out of status and fail to leave the country within 10 days that would impact your future visa.

2. If i join Employer "D" after 1 or two paystub from Employer "C". Do i need to mention this to employer "D", since they will file my h1 transfer by april 20th ( by that time i would not have any paystub from Employer "C"). Also do i need to mention my unemployment with Employer "D" ?

Ans : No, you dont need to mention anything about C to D, however mention that you are unemployed since March 27 to D and the need for urgency for filing since you will go out of status by end of May, also note H1B transfer even with premium processing is not done instantly, the employer will have to first file LCA which will take 10-15 days and after which they can file with PP, you can join once you get receipt which is generally within 2-3 days but sometimes takes 7-15 days, hence request them to start process immediately if possible, if they start now you are looking at a good scenario of early/mid May to join.

3. What are the scenario if i wanted to join back employer "B" from "D" or "C".

Ans : You can only join them once your H1B petition is approved at D/C (not the receipt, your I-129 has to be approved, for PP this is within 15 days if you dont get RFE for standard it could take anywhere between 2-9 months). To join B they will have to fresh petition you again with your I797 receipt of employer D/C.

Important fact which I failed to mention, I think right now you are filed with B but not yet joined them, this makes your stay in US legal for now, however D/C cannot use this filing for transfer since your filing is not yet approved (since B did not go with PP), hence D/C need to initiate transfer using your I797 of A and hence for USCIS if they file you are still in your grace period, hence if you dont join B and B cancels your petition and D/C do not manage to file before May end you would be out of status.

[ajay12pandey]

Important fact which I failed to mention, I think right now you are filed with B but not yet joined them, this makes your stay in US legal for now, however D/C cannot use this filing for transfer since your filing is not yet approved (since B did not go with PP), hence D/C need to initiate transfer using your I797 of A and hence for USCIS if they file you are still in your grace period, hence if you dont join B and B cancels your petition and D/C do not manage to file before May end you would be out of status.

Thanks you very much @sudipmandal for your valuable suggestions. Following are the updates in my case.

* Since i got offer from company "D", which is really big company. I accepted their offer and Said no to company "C". By this time company "C" has applied my H1B transfer.

* Now "D" is delaying my H1B filling and asking me to wait until it get approved. They really put me in jeopardy at this point of time. When i explain situation they forcefully asked me not to join "C" and stick with them ("D").

* Now i am relying on "B" at this moment to save my status. They are giving me start date as first week of May.

I have few more questions, Kindly review and advice.

1. If i join "B" and wait for "D"'s approval to join them back, can i do that with pay stub and I797 by "B" incase of approval.
2.Company "D" is asking me to file my case in "Consular Filling" and reenter to United state with new i94, is it mandate to file on "Consular Filing".
3. 60 Days grace period ends when employer files H1 transfer or When employer Start paying employee.
4. What are the possibilities to go back to employer "A" (holds my current H1B / approved I140 and not revoked yet). Do they need to refile H1 again? do i need to reenter united state?

Thanks,
Ajay