Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
rrao123

Job change after 60 day grace period

Recommended Posts

Scenario: Laid off by employer A on Oct-25. Now under 60 day grace period.

Employer A is not going to revoke my approved I-797 which is valid until Sep-2021.

 

Within 60 days, got an offer from Employer B and they filed my H1B transfer on regular processing. Started working for employer B on receipt.

 

If I get an offer from employer C after 60 days, then

Question:

1. Which document should I give to employer C for visa transfer? Approved I-797 from employer A or transfer receipt from employer B?

2. Can I start working for employer C once on receipt notice? Will there be any issues?

 

Edited by rrao123
Rephrased my question

Share this post


Link to post

The old employer is required BY LAW to inform USCIS that you are no longer working there. If he doesn't he has to continue to pay your salary. Are you trying to tell us that the employer does that??? I have yet to meet an employer who continues to pay people who no longer work for him.

If you are past the 60 days of layoff a new H1 won't be approved as EOS. You will have to leave the country, and enter with the new approval notice. You also would not be able to work with the receipt. Doing so would be immigration fraud and would come back to bite you.

Share this post


Link to post

1. I feel you should give receipt notice for Employer B since you will have to provide latest paychecks and they will be from Employer B.

2. There will always be the risk of denial and when joining on receipt notice might put you out of status. But in your case you have I94 which should be ok. Join on a receipt notice when you don't have other options or if you are 100% confident on approval.

You can post this in this week's attorney topic and get advice from an actual attorney. 🙂

 

 

Share this post


Link to post
14 hours ago, JoeF said:

The old employer is required BY LAW to inform USCIS that you are no longer working there. If he doesn't he has to continue to pay your salary. Are you trying to tell us that the employer does that??? I have yet to meet an employer who continues to pay people who no longer work for him.

If you are past the 60 days of layoff a new H1 won't be approved as EOS. You will have to leave the country, and enter with the new approval notice. You also would not be able to work with the receipt. Doing so would be immigration fraud and would come back to bite you.

Hello Joe, Thanks for your comment.

I meant, Employer A is yet to revoke my approved I-797 which is valid until Sep-2021. They will revoke my H1 soon.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×