Below is my case. Please go through it and possible advise on the right action to be taken in this situation.
Parent company “P” has two child companies “A” & “B” . I have valid I797 approved till end of 2021 with petitioner “A” . Due to COVID crisis my project was called off. I found a job in company “B”. We have same legal attorney for Company A, B and P.
As per my company legal attorney advise I had to switch to company B with just an amendment which can be filed once I moved from current location to another location. Due to COVID situation i was not asked to move for now and also they never filed an amendment either. I was terminated in company A and hired by company B in the process during which they did I-9 verification with new company. I have received two paychecks from my new company B.
Now my attorney and my HR have comeback to me saying that H1 transfer should have been done when moving from company A to company B. They suggested to terminate in company B and move back to company A. My 60 day grace period is over after Company A’s termination
I certainly believe that this is going to be big red flag in my US employment history.
I already received paycheck from company B for last 2 month. What can I do about that?
I am not working now and past 60 days grace period. I am currently waiting for H1 transfer to be filed to company B but it will take another 2 weeks to file because of LCA. I understand that there is more chances of denial, first I am out of status and staying in the US. second, I have paychecks from company B without filing H1 transfer.
Can I go back to company A and work with my approved petition after company B denial?
Can I go back to Company A (I hold a valid visa till 2021) and work after 60 day grace period without filing H1 transfer for company B?
I certainly believe that this is going to be big red flag in my US employment history. Please advice how can I avoid future denial?