URGENT - H1B - Layoff - Transfer - Complex Scenario


vpatmurthy

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Hi Friends,

I have completed 8 years on H1B and was working for Emp A. I also have a I140 approved and got an extension of 3 yrs based on it and had travelled in Dec 2014 to India and got a valid stamping in passport till Feb 2017.

I got a laid-off by Emp A with 3 weeks notice period and my date was Feb 25. In the meanwhile i managed to initiate H1 transfer to Emp B (consulting firm) in premium processing and got a USCiS receipt case # also on Feb 25.

However, we received an RFE and as per Emp B attorney its a standard RFE and we should wait to respond untill i have 1-2 paystubs from Emp B to make the case stronger week or 2 before the last date to file the response. Last date to respond the RFE is May 30.

 

Also I did not find a project (corp to corp) until end of March and started working at client location starting Apr 7. So i do not have any payslip from Emp B and dont expect to get my first payslip untill end of April.

In the meanwhile, i had also  been in talks with another Emp C for a fulltime opportunity from end of Feb and they finally made me an offer. Emp C is aware of my layoff situation but i have not informed them about my H1B transfer to Emp B since i had not started workign for them.

Now Emp C is also ready to take a chance and expected to file for my H1 transfer in premium next week based on my approval from Emp A and I140 and inspite of being "Out of Status" for about 35 days and there is a fair chance that i may only get an approval without I-94, in which case i will need to go back for stamping with Emp C and reeneter the country with new VISA.

 

I do want to join Emp C since its a full time opportunity and better offer. So given my scenario:

 

  • Is it OK or legal for Emp C to initiate my H1 transfer based on 1797 approval, VISA  and I-140 from Employer A considering that i only started working for Employer B from 4/7. Assuming that i get an approval and I94 through employer C (i understand that chances for this are very gleem), i plan to quit Emp B with proper notice period and then join Emp C.
  • Lets say if my application for Emp C only gets an approval without an extension or I94, can I continue to work with Emp B and not join Emp C.

 

I would appreciate any kind of feedback or advise based on personal or professional experience.

 

 

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