Multiple H1B Transfer applications and consular processing?

[vsrupa7]

H1B 60 days grace period ended on 06/14/2020 and the expiration date on this H1b visa is 06/28/2022. New employer A initiated H1B Transfer and from this new receipt number when tracked on USCIS website, it says “On July 2, 2020, we received your Form I-129, Petition for a Nonimmigrant Worker”. Does that mean my package was received by USCIS after the 60 days grace period and I was out of status in between?

While this is in process, I have employer B filing my H1B transfer within the next 2 weeks. Will my H1B transfer application with employer B considered under consular processing? If so, do I have to leave the country and get my visa stamped with employer B's I-797 and start work? As the US consulates in India and Mexico are not open now, what are my options? (I will have employer A withdraw my H1B transfer once employer B’s H1B transfer was approved)
Can someone please advise what’s best to do?

 

[gopalakrishnach]

Does that mean my package was received by USCIS after the 60 days grace period  - Yes

and I was out of status in between? - Talk with immigration attorney. Moreover it clearly seemed your application process started after 60 days grace period. Between 06/14/2020  and 07/02/2020 I feel you were out of status. I maybe wrong.

I feel B petition depends on 07/02 petition and also may come with out I94 or consular processing.

If so, do I have to leave the country and get my visa stamped with employer B's I-797 and start work? - If above Yes.

As the US consulates in India and Mexico are not open now, what are my options? - Beside waiting we cannot say anything now.

 

 

[User099]

Wait for the I797 petitions to come back and if they come with an I94 then you are good. If not, then you can cross the border and come back in with the visa that is still valid til 2022. You dont need to go for visa stamping again. 

[vsrupa7]

7 hours ago, User099 said:

Wait for the I797 petitions to come back and if they come with an I94 then you are good. If not, then you can cross the border and come back in with the visa that is still valid til 2022. You dont need to go for visa stamping again. 

My H1B visa was never stamped though. Unless I get this new H1B transfer visa stamped, I don't think I can enter the US right?

Can I start working for this new employer from India if I cannot get my visa stamped?

[User099]

On 7/17/2020 at 12:36 AM, vsrupa7 said:

Can I start working for this new employer from India if I cannot get my visa stamped?

Yes, you can. You are not on H1 when you are in India. If your employer is ok then you should be ok.