Laid off, joined another employer and got great offer from third one

[Sjn]

I was working for a company A on valid H-1B (i94: Aug 2021 and I-140 approved since Nov 2017). I lost my job on Apr 23, 2019 and grace period of 60 day started. I'm getting severance pay until Jun 15. On May 28 I joined another company B on receipt (premium processing). On Jun 4, got RFE for H-1B transfer. As of today Jun 12, I'm still waiting to hear the reason for that. I got another offer from company C. In this situation,

Can company C file my visa transfer based on company A's petition and payslip?

OR

Do they have to wait for H-1B transfer approval from company B? What are my options here?

Note: My original petition from A is not yet revoked.

[kakanirohith06@gmail.com]

Yes company C can file H1 transfer based on Company's A

[Sjn]

Thanks for your response. The situation got changed little bit. So here is the latest:

 

I was working for a company A on valid H-1B (i94: Aug 2021 and I-140 approved since Nov 2017). I lost my job on Apr 23, 2019 and grace period of 60 day started. They are paying me severance pay until Jun 15. But since I was running out of time just to save my visa status, I joined another company B on 28 May 2019 on H-1B receipt notice (H-1B transfer is in premium processing). On Jun 4, got RFE for H-1B transfer. Company B has not responded to RFE. Unfortunately came to know that the project I was working on is ending today i.e. Jun 21.  Company B now says they cannot respond to RFE and they most likely will withdraw my petition on Mon Jun 24.  I have 4 weeks paystubs from company B. I have offer from Company C.

What options do I have now?

Will I have to go back to India and let company C process my visa while I'm in India?

Can company C file my petition while I'm here?

Most important question: How much time I have before becoming out of status?

Looking forward to quick response. Appreciate all the help.

 

[adshah84]

Ask company B to file H1b CAP exempt petition in PP via consular processing. 

Once it's approved get stamped and come back. 

Leave country ASAP.  

[Sjn]

Thanks for your response. Like I said before Company B would not respond to RFE and they are going to withdraw my current petition. Company B says my last working day with them is 21 Jun. So technically I'm not employed with anyone starting today i.e. June 24. Can I join company C on receipt if they file my petition?