Got laid off - H1b portability issue from Employer A to B

[arvind_shanbhag]

My last date with current employer A is June 26th (Got laid off and they will put a request to revoke my H1B on June 27th), although got an offer last week and the new Employer B, their policy is to allow an employee start work only after H1B is approved and not on the receipt (estimated start date on the offer letter will be August 5th, as they would apply for premium processing on July 27th once PP opens up).

 

I have negotiated with employer B to ensure once the offer letter is issued this week (on 6/18) & signed (estimated latest by Thursday, 6/18), they will apply for my transfer petition before June 26th. Keeping fingers crossed! 

 

Question- 

 

- should I be legally okay to stay in the country with the receipt number & offer letter (between June 27th to Aug 5th or 19th), so I will NOT have to travel outside the US. Can someone please confirm?

 

- and/Or should I request them to apply a transfer in PP without extension (prior to June 26th) and do you think it will be accepted with the new rule in place on H1B PP ceased for extensions, but PP as a transfer and not an extension - will that work ? 

 

Thanks, 

[JoeF]

If the new H1 petition is timely filed, i.e., before the layoff, you are fine.

They can always upgrade to PP when it becomes available again.