H1b Layoff, Grace Period and New Employment question


chaddibanyan

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Hi All,

I am in a tricky situation. I got laid off on Dec 29 and Feb 26 will be the last day of my 60-day grace period. I accepted an offer of employment and my new employer filed for H1 based on my approved immigration petition from my previous employer. I started working with them based on receipt notice on Jan 29. Today, Feb 12, USCIS issued an RFE asking for detailed job description as a proof of it being a specialty occupation.

I also have another offer, actually better, from another employer, and they want to file for my H1. Under what circumstances is this possible?

I have drawn a timeline in the attached image just to make the picture clearer.

Thanks.

H1b - Timeline.png

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