Multiple H1B transfers during 60 day grace period with severance package

Hi,

My H1B visa got approved Oct 2019 and its good until Aug 2022. I haven’t gone to India for stamping also till now. My company laid off few employees and my last date with them was on Dec 19th, 2019.

My company is paying me severance pay for few weeks semi-monthly till Jan 23rd ,2020. I’m in my 60 days grace period now.

Found another job with a Consulting company who are sending my petition to USCIS this week of the month and I’m joining them on receipt notice. There’s also another potential full time opportunity that might come and they already told me that they will file the visa in premium and will take max 6 weeks for it to process.

My questions are

  1. If the FT company wants to hire me, Is it still okay to send another petition through them when my consulting petition is being processed in Regular? Also, by what date they should send the H1B petition to USCIS ?

Do I need to tell them about my termination date?

Based on that how recent the pay stubs should be? Just till Dec 31st is enough or Can i use my Severance pay stubs as well (not sure if the pay stub mentions severance on it) ?

  1. I know that we can do multiple transfers but I’m not sure about the scenario of layoff and working on receipt notices. If I join with consulting company on 21st, will my grace period end by then?

  2. If not this FT opportunity, how much time do I have to search for another good job, while my petition with the consulting firm is in process?

  3. How to avoid Bridge petition situation in my case? What other things I should take care of during this entire process of H1B transfer?

  4. What happens if I got denial with FT company. Can I still continue to work for my consulting firm until I receive their response?

  5. What happens if there’s a gap in the paychecks while on H1B, how much gap is good to have?

The main reason I want to know all the above is to avoid any troubles during my visa interview/stamping.

Thanks

You can start counting your 60 day grace period after the severance package has finished.

@Anil_Gupta Hi Anil, Are you sure about it. It was very confusing because heard multiple versions from multiple attorney

Hi
I was laid off in Jan 2020 my i94 expires 2021 and i140 already approved . With in 60 days I found another employer to transfer H1b even though employer B filed it in Premium the visa is in pending state after RFE since feb . Now I found new company C that is willing to transfer my H1b in premium

  1. since my i94 is valid till 2021 will company C visa transfer depends on company B approval ?
  2. has any one seen a case where USCIS took more than 6 months to work on premium case ?
  3. is it safe to start with company C on receipt ?

Hi Gaurav
Your situation partially matches mine. Can you pls add more inputs?

  1. Did you join employer B on receipt? It seems, you only filed H1B through employer B within 60 days through premium, but didn’t join them. Pls confirm.
  2. Did employer share RFE docs?
  3. As per my understanding, you can join company C on receipt, as your i-94 is valid. Only issue is if you maintained H1B status after Jan 2020. Approval of your h1b petition with employer B can only gives you that.

Hi Nidhi . thankyou for your help
Here is more details about my background . i was load off in Jan 2020 from company A then joined company C in Feb 2020 on receipt and then got RFE . the case is till pending
Here are the answer to your question

  1. Yes i joined company B on receipt
  2. Yes company B shared the RFE and we have replied to the RFE
  3. As you are mentioning that i can join company C on valid 194 . for continue H1b i can share the the H1b receipt notice of company B

Did you had the similar situation ? did you able to join company C and get H1B approved while company B h1b is pending ?

Hi Gaurav
I never joined employer A and he withdrew H1B. I joined employer B on receipt. I never got RFE for employer B’s H1B petition and petition is still pending. I am about to join employer C on receipt. I don’t want to process employer C petition in PP till employer B gets some response from USCIS. I-94 is valid till 2022. I consult immigration lawyers before making any decision. Any comments.