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mog257

H1B transfer multiple employers, layoff and GC question

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Hello,

I needed an advice on how to handle a unique(may be not) situation.

I got laid off in Feb 2019 and last day was 28 Feb 2019. Fortunately I received a job and Employer-A started VISA processing in couple of weeks. Later upgraded the application to premium and got the H1B approval yesterday. I have to join on April 22nd 2019. During this time I got a better offer which I accepted and now I need to do VISA transfer to Employer-B.

1.How do I proceed in this situation as the Employer-B doesn't know about my state of job and H1B?

2. Do I need to mention about my new H1B transferred to Employer-A?

3. Shall I join Employer-A and once H1B is approved join Employer-B?

4. Employer that laid me off will be notifying the USCIS about terminating the petition after 60 days, so was wondering how should I best handle this scenario.

Any inputs would help.

 

 

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You have to be frank with Employer B about your situation and tell them about Employer A and at the same time save yourself from too much illegal stay.

One of the routes is to simply join Employer A and start working. This will put you back on the track wrt employment and legal stay. Then start processing with Employer B which itself will take 1-2 months with all the procedures. Also, there is uncertainty here about the H1 transfer. what if it gets an RFE or rejected?

Please keep in mind that you may burn bridges with Employer A since you will quit in a short time after you have everything set with Employer B. If Employer A is a big corporation, they usually dont care.

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