H1b job loss and transfer question

[deepthis]

Hi all, 

I was a FTE at company A and my last day with them was Jan 25th, laid off due to lot of changes in the company. 

I have been interviewing and I got a oral job offer FTE as of feb 13th from company B, if everything goes well am I ok to start working with company B?

I have a valid i-94 till march 2020 and h1b with company A till march 2020, got stamped in oct 2017, I do have a approved i-140.

Now, I do understand I have 60 days grace period to find another job and do a h1b transfer. 

Is there any thing I am missing, will i have to leave the country and get the visa re-stamped after my h1b transfer? 

All your guidance is really appreciated. Thank you in advance

[Surfer123]

If the new employer files the H1B transfer prior to the 60 day grace period expiration, you are totally fine. You can start with them on receipt notice and once H1B is approved, it should come with a valid I-94 - so need to go out of country and get it stamped.

If I were you, I would just make sure that a competent attorney takes care of your H1B petition on time and before the 60 day grace period. Good luck.

[NotAnAttorney]

You have 60 day grace period from jan 25 as you were laid off.

May be not, you may not be required to go for stamping.

[Chai]

You will be fine if the new employer files a petition within 60 days of grace period. Most likely it will be an extension of stay based on approved I-140 and valid I-94. Find as many employers as possible within this time. Don't rely on the oral job offer. 

[deepthis]

Thank you all for your replies. The company B who gave an oral offer does not know about my Visa situation, 60 day grace period. Is it mandatory to tell them? 

Also, if 2 employers file h1b, and I decide to go with 1, what should I tell the other employer? company c? I am still in the processing of interviewing , stressful time, do not have an offer in hand yet. 

Your replies are very much appreciated. 

Thank you

[Chai]

It is not mandatory. Once you finalize salary on offer letter; you can reveal visa situation. You might lose negotiating power in case you reveal it before. Face as many interviews as possible, that way you will know your worth. Even though H1-B is "the" priority, project it to an employer as a legal necessity rather than resuscitation process. Been there, done that. 

Denying to join the approved petition, that's a moral and professional dilemma which, you need to figure out. Citing family reason in India most likely works.

[deepthis]

Hi all again,

Thank you very much for your replies. I have a contract opportunity from a company and they are ready to transfer my H1b. Will the attorney know that my employment ended when they file. In other words, my last day at work was Jan 31st. Is it compulsory to tell the company B attorney about my lay off before they file. 

Also, is Standard processing better or Premium better given the current circumstances. The new company attorney is suggesting standard processing filing. Any inputs or thoughts on this for my case. 

Standard or Premium - What happens if I get RFE ( I know the company has to address it, but I want to understand the worst case) 

Your replies are very much appreciated. 

Thank you,

Deepthi  

[JoeF]

They need to know the facts. You would make things worse by not telling them and later get a denial.

[deepthis]

Hi all, 

I am here again to seek your advice. I have offers from 2 companyies B and C. Both of them are similar role. But Company B has more travel than company C, and the pay is almost about equal. I am in a Dilemna about who I should go with. I just signed offer from Company B, but they have not started my H1b transfer process. Both the companies know about the previous job loss. 

Given my visa situation, I am just confused on what to go with. Any suggestions are really appreciated. 

Thank you