Dear community,
Need your help to better understand the H1b ‘transfer’ process. I got layoff from Company A [startup] with last day on June 15. I have been actively recruiting and accepted an offer at Company B on Jul 19 (today) [established company, public company] with a potential start date on Aug 23. Their immigration team asked me for some basic information a couple of weeks before Jul 15 and provided green light to Hiring Manager stating that they do not foresee any issues with immigration paperwork, hence they extended me the offer. During the interview process they do not asked me about my current status with Company A at any point. On Jul 19, I also got a notice from USCIS that my previous case was revoked (probably Company A just notified USCIS about my termination on July).
My question is:
- Would this impact the H1b ‘transfer’ to Company B? My understanding is that Company B will have to fill a new application to USCIS, but what will happen if they find our that my current case has been revoked as of Jul 19?
- As long as Company B fills the application before the 60-day grace period, am I on the safe side to continue on the US?
Your clarification is much appreciated. Thank you!
What is the expiry of your I-94 for employer A?
The grace period of 60 days in not automatic but at the discretion of USCIS. Also if your I94 from company A expires before your 60 day grace period that starts from the day after your last day at job, your grace period will be shortened up to the expiry of your I94.
Company B should be able to file for the H1B transfer however you will need to submit proof of your layoff or resignation. Basically, you would submit a cover letter explaining your situation of job loss , with supporting documentation, when you file for H1B transfer application with USCIS. This way, USCIS would consider your status as valid, even if you do not have pay stubs.
Make sure you file H1B transfer with premium processing before the 60 days grace period which will be 14th August in your case. If you have H4 dependents you will also want to file extension of status for them along with your H1B transfer. Once you get the USCIS receipt for your H1B, you can start working for company B.
Hi Kalpesh, I started on H1B on 10/01/2020. It was valid until 09/30/2023. My last I-94 on the website says: Admit Until Date: D/S.
Kalpesh, what does it mean that I will need to submit a proof of my layoff? Is this something that the immigration team from company B will ask me to provide as part of the process? or I need tell them in advance that my case has been revoked as of Jul 19 and they will ask me to provide the needed documentation?
They wont know till you discuss with them.