Help ASAP: Laid-off + Severance + H1B transfer


himbm1

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Hi,

 

I am in 3rd year of H1-B working for Company A, for which I-94 expires on Sept 9, 2013. Company A has also filed my H1-B extension on April 30, 2013 which is still at initial review. I was notified on July 15, 2013 that my position is being eliminated. However due to H1-B visa status, my employer A  gave me time till Sept 10, 2013 to continue working (continue pay-stubs) and find a new job to be safe. 

 

Now, I got an offer from Company B on Aug 2, 2013 which is ready to file H1-B transfer as soon as I accept it. 

 

1. Will my H1-B transfer by company B safe since H1-B extension is still pending by company A?

2. If I join company B on Sept 3, 2013, am I allowed to take pay stubs by company A also till Sept 10, 2013?

3. Am I allowed to take severance package provided by company A? I am worried that accepting severance package may reflect that I am laid off and possibly cause trouble to H1-B transfer request?

4. I am not sure if company B will process my H1-B in PP, is it safe to request administrative processing or preferred to go for premium processing? Am I allowed to pay for PP if company B denies to do so?

 

Please help ASAP. Thank you for help.

 

 

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Hi,

 

I am in 3rd year of H1-B working for Company A, for which I-94 expires on Sept 9, 2013. Company A has also filed my H1-B extension on April 30, 2013 which is still at initial review. I was notified on July 15, 2013 that my position is being eliminated. However due to H1-B visa status, my employer A  gave me time till Sept 10, 2013 to continue working (continue pay-stubs) and find a new job to be safe. 

 

Now, I got an offer from Company B on Aug 2, 2013 which is ready to file H1-B transfer as soon as I accept it. 

 

1. Will my H1-B transfer by company B safe since H1-B extension is still pending by company A?

2. If I join company B on Sept 3, 2013, am I allowed to take pay stubs by company A also till Sept 10, 2013?

3. Am I allowed to take severance package provided by company A? I am worried that accepting severance package may reflect that I am laid off and possibly cause trouble to H1-B transfer request?

4. I am not sure if company B will process my H1-B in PP, is it safe to request administrative processing or preferred to go for premium processing? Am I allowed to pay for PP if company B denies to do so?

 

Please help ASAP. Thank you for help.

(1) Yes

(3) You could.

(4) You could pay premium processing fee

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