I am currently with company A and have an approved visa for a year from now… Company A is not paying salary. Now if company B files and I join them on reciept…meanwhile if company A withdraws/cancels/revokes my visa, then will I still get a grace period of 60 days if company B’s petition is denied in the next 4-5 months?
Technically, your grace is valid until an outcome on second petition is received which could be 60 days, less than 60 days or way more than 60 days. Regarding company A, we suggest not going the DOL route. You will not get justice because DOL has no understanding of foreign workers and I have seen at least 4 cases where the applicant and not the company is blamed for the lapse.
wow, how does the victim get the blame here? Could you elaborate why the employee is blamed? I’d like to know if I’m doing something wrong.
So you are saying that grace period starts the day I resign from Company A, and not after denial of Company B’s petition?