H1-B layoff, I-140 approved, multiple H1-B transfer with no premium processing

[samartha85]

Hi All,

Thanks in advance for help.

I am on H1-B visa right now and I have I-140 approved for more than 6 months. I also have my I-94 valid till Oct 2019. Recently our project got cancelled and I was affected in eventual layoff. My last day in my current company A is March 29 2019. I have to join new company based on H1-B transfer receipt. I have offer from company B and they are asking me to join on H1-B transfer receipt. I can also get an offer from company C if I try. Both company B and C are product based company and company B is very big and stable company. Company C is in startup mode. Note that premium processing option is not available. 

I have following questions:

1) Does new H1-B transfer petition has to be approved withing 60 days grace period after March 29? OR it has to be just filed with receipt number in hand. The chances of getting it approved in 60 days is very less in absence of premium processing.

2) Is it safe to join company B on H1-B transfer receipt and also start H1-B transfer petition with company C if they are ready to wait for approval before joining?

3) Assuming I join company B on receipt, What happens if within few months, company C petition gets approved first before company B? Do I have to join company C?

4) Assuming I join company B on receipt,  What happens if company B's petition gets approved and withing couple of days, company C's petition also gets approved? Do I have to join company C because H1 has traferred from B->C instead of A->C? if company C's petition is not getting approved in few days, is it good idea to tell company C to withdraw the petition?

 

Please let me know if you have any suggestions other than what I ask.

Thanks a lot!

 

 

 

 

[pontevecchio]

1. It has to be filed .

2. You decide safety. What you describe is possible.

3. No

4. NO

[rohit369]

1. Just filing is enough
2. You don't have an option here. Just join whoever takes you in first so that you maintain the status.
3. No, you can still continue working for Company B.
4. You can have as many petitions as you wish from different companies. But you can work for only one company. You can continue working for company B and your Company C petition will still be valid until they revoke.

I suggest, just settle down first. Join company B and get your paperwork in place. PP is open for all now. Ask company B to apply in PP and get the approval in 2 weeks. Then you can think about company C if its a good change and start the paperwork there.