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hbob

Work for new employer with H1B receipt!

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Hi,

I am working for a Fortune 500 company currently and have an offer with another Forture 500 company, but given the suspension on Premium Processing and if the new employer asks me to join with Receipt notice, what are the risks involved in it? 

- If the H1B transfer gets denied, can the new employer file another H1B? 

- Can the attorneys file any justification and fight for approval on the same denial?

- Can I continue work for the employer with receipt notice again?

- If the employer is not willing to file another H1B, can I stay in US and find a new employer who can file H1B tansfer? Given that the previous filling is denied, would that still be a transfer or completely new H1B?

- Can I stay in US until my I94 is valid and search for other jobs who can file H1B?

- If the employer is willing to employer is willing to hire me in my home country and file a new H1B again, would that go into a new H1B quota?

- The role in the new company is director reporting to C level exec, does it play any role in approval vs denial?

Thanks in advance for any suggestions!

Hbob.

Edited by hbob
added one more quesiton

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If the employer is not willing to file another H1B, can I stay in US and find a new employer who can file H1B tansfer? Given that the previous filling is denied, would that still be a transfer or completely new H1B? 

You may want to research about the H1B 60 days grace period if you are not aware about it.H1B 60 days Grace period meaning > DHS allows a grace period of up to 60 days for non-immigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status, if they are laid off due to the circumstances beyond their control.
The H1B 60 days grace period means that you will not be considered “out of status” for almost 2 months following your unemployment. This will give you the opportunity to look for other employer or apply for a visa change of status.

Can I stay in US until my I94 is valid and search for other jobs who can file H1B?
H1B Maximum 60-Day Grace Period after job loss. On loss of employment, the non-immigrant worker has up to 60 days – or until the expiration date of the current I-94, whichever period is shorter / whichever date comes first – to be sponsored for a change of employer, apply for a change of status, or simply prepare to leave USA.


How to Request H1B 60 days Grace Period? There is no official form for requesting the grace period. You can file a standard H1B transfer (change of employer or change of status) during the grace period. If you want, you can add a cover letter with your application explaining the situation. But, it's not required officially.

If the employer is willing to employer is willing to hire me in my home country and file a new H1B again, would that go into a new H1B quota?  That is a dangerous step to take, if the same employer is able to employ you offshore to perform the same job and duties then USCIS would need additional information on why the employer is requesting for H1B Status or Visa to perform the same activities that can be performed from India . However you are CAP Exempt not sure about how many years you have used of your current H1B and if your I-140 is approved.


Under the American Competitiveness Act in the Twenty-First Century (AC-21), an employee currently in H-1B status may begin working for a new employer as soon as the new employer files a Form I-129 petition for the employee if certain requirements are met. If the employee is not currently in H-1B status, he or she cannot change employers or begin working until USCIS approves the Form I-129 petition.

- If the H1B transfer gets denied, can the new employer file another H1B?  If you satisfy conditions 1 and 2 below

The H1B transfer bill approved in the Senate and House (bill S.2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of 
1. a new petition by the new employer as long as the individual is in lawful status at the time of filing and
2. has not engaged in any unauthorized employment since his or her last lawful admission.  
Under the H1B portability rules of the American Competitiveness in the 21st Century Act (AC21), an H1B visa holder may transfer to start work (a new H1B job) with a new employer, provided that the new US employer follow the procedures to file an H1B transfer visa application on behalf of the worker. 

Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.

However, please see this article will explain employer transfer process:
https://www.murthy.com/2017/04/20/h1bs-cannot-be-transferred-misconceptions-around-h1b-employment-change/

Can the attorneys file any justification and fight for approval on the same denial? > That is referred to as a MTR Motion to Reopen your case but that is like a dead end that no one wants to drive through, filing a brand new petition is the trend now-a-days, like wipe the slate clean, and start over again from the lessons learnt from the previous denied petition.

The role in the new company is director reporting to C level exec, does it play any role in approval vs denial?

May or may not be, depends on how you classify this role and responsibilities as specialty occupation.

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