tablelamp Posted November 20, 2015 Report Share Posted November 20, 2015 Hello, I was laid off on 10/17/15. Company initiated withdrawal of H1B and other official stuffs such as return air ticket. They have not withdrawn I-140 approval. Found new employer ABC (vendor) who filed H1B with Premium Processing at California Service Center. H1B receipt arrived on 11/06/15 and expected to get approval on 11/21/15. Found another employer XYZ (direct hire) who is also ready to file H1B with Premium Processing 11/20/15 at Vermont Service Center. The attorney is confident of H1B approval but unsure if it would go through as a smooth H1B transfer (overlooking absence of pay stubs for 4 weeks) or consular processing. Expected to get a decision on 12/11/15. Question: 1. What if H1B with ABC gets denial and H1B with XYZ is pending? Do I need to leave US immediately- the very next day? 2. I am aware that I am out of status BUT not in "unlawful stay" since my I-94 is valid till June 2016. Would this cost concern in the Green Card processing? I heard Vermont Service Center can overlook pay stub gap of 2-3 weeks. I am hoping they do, and it would not be a H1B approval with consular processing. Link to comment
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