Multiple H1b after voluntary resignation


aspiration

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Hi 

I resigned from my current role and my visa will be revoked end of Dec and will be notified to USCIS.  I found a temporary contracting role where they will be filing for my H1b in premium. Since these days processing is taking long time I am assuming considering lot of RFE's it will take time for this h1b to get approved.  I am also in middle of interviewing for full time opportunities where I believe I will hear feedback in January considering this holiday period. Here are my questions. 

 

1. Since H1b transfer will be in progress. And I will have to start working in January in contracting role.

2.  If I get any full time opportunity in January. Can I file for H1b transfer in parallel.  Or should I wait for current H1b to be approved. 

3. Can I use my H1b from current employer to file h1b transfer for Full time role. but I cant produce paychecks in month of January as I will not be working for my current employer. 

 

Since there are many issues with contracting role these days I want to land a full time job. Please suggest me what is the best approach I can take. 

 

Note: I have a dependents  wife and one kid. 

 

 

 

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You can file for a transfer now and start working with the contracting company.

In January, if you get a full time offer they can file for a new transfer in parallel with your paychecks from current employer.

I am assuming you have an i94 expiration date of more than 60 days. Try to get a petition approved before you i94 expiry date.

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My i94 expires on dec 2021 but once the H1b is revoked on dec 31/2019 from my current employer I will stop getting pay checks. The last pay check will be on jan 10.  If I start working in my contracting role, can I still use my revoked i797 from present employer to file for a full time role.

One more thing, If I get full time opportunity, I might have to tell the Hr my current scenario. What I am afraid is if I tell them my situation they might be hesitant to hire me. 

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@User099  Thanks for your response.  sorry for repeated questions but here is my concern. 

Yes, I am aware that 60 days period will apply after my h1b is revoked on Dec 31 2019. But it would have been fine if I did not start work for a new employer in this time period. 

But in my current scenario I will start working for a new employer from January first week and my h1b transfer will be in progress in the contract role and I will start getting pay checks from this new employer. 

So, I am thinking that this is complicating my situation. If I don't mention this to new full time employer and just use my Current h1b for transfer  will there be any complications?

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1 hour ago, User099 said:

60 day period is considered legal, you are not breaking any law so nothing to be worried about.

Your 60 days will start from Jan 1st and you can apply for a transfer in this period even if your employer revokes your old h1b.

The 60 day period starts from the day the OP resigned, not the day the employer sends the revocation notice to USCIS.

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@JoeF  Hi Joe, Thanks for your response. I am not sure if you have read my query. My issue is not H1b revocation.   I have a contracting job ready where I will start my work in January first week. And my H1b transfer will be in progress. 

I am in search of a full time job but by the time I get any offer it will be mid or end of January. So in case if I get any offer can I still transfer using my revoked H1b or wait for the H1b transfer to be approved. (As its taking long for H1b to be approved and there are lot of RFEs now for contracting jobs.)

 

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13 hours ago, aspiration said:

@User099  Thanks for your response.  sorry for repeated questions but here is my concern. 

Yes, I am aware that 60 days period will apply after my h1b is revoked on Dec 31 2019. But it would have been fine if I did not start work for a new employer in this time period. 

But in my current scenario I will start working for a new employer from January first week and my h1b transfer will be in progress in the contract role and I will start getting pay checks from this new employer. 

So, I am thinking that this is complicating my situation. If I don't mention this to new full time employer and just use my Current h1b for transfer  will there be any complications?

Will you get a paycheck by time your full time employer files for a new petition?

It will be your full time employer's attorneys deciding on how they want to file for the case. They can file it with your old employer's i797 if you are within the 60 days.

Edited by User099
Typo
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@@User099 My last paycheck will be on Jan 10 from my current employer and I am not expecting any fulltime offer by end of January. But from January I will start getting paid from my contracting job employer.

If the new full time job employer decides to use my old employers I797 he also needs to show the continuity of my employment correct. For that he has to show paystubs. In that case I can provide my paystubs with new employer.  But  that will be considered as a bridge petition which is more confusing and can be very complicated.

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On 12/31/2019 at 10:43 AM, User099 said:

I understand. If you can find a job with the 60 day window then it will not be a bridge application. But after 60 days, you can do a consular petition if you don't want to do a bridge application. 

Thank you for your suggestion. I will check this with the new full time employer and see what they suggest. I have one more question. If I join an employer and resign in few months or weeks. Can the employer take any legal action against me as they will have all my details?

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18 hours ago, aspiration said:

Thank you for your suggestion. I will check this with the new full time employer and see what they suggest. I have one more question. If I join an employer and resign in few months or weeks. Can the employer take any legal action against me as they will have all my details?

No, they can't. Make sure to review all documents before you sign and give them a notice before your resign (which is typically 2 weeks).

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