Shall I resign or force employer to terminate me ?

I have very tough situation and looking for help !

I came to USA with Employ A and resigned Employer A, last day was December 31 2015.

Joined Employer B on Jan 01 2016 with lot of hopes. Unfortunately Employer B didn’t get expected projects till now(Feb 15) I am on bench for last 1.5 months. They are paying me as agreed. Now they are asking me to fly back to India from last 15-20 days as they can not hold me anymore on bench.

Question is : Shall I resign myself and ask for further 15 days notice period so that I can search new job. (here they may not give me 15 more days as they already offered me india ticket in well advance)

Or I should deny going back to India so that they forcefully terminate me and have to provide me 15days.

Please tell me best option to buy more time so that I can search for new Employer. Also tell me what can I do once out of status. Shall I stay for 15-20 days out of status in hope to get new job.

P.S. I am searching for job from last 20 days but somehow nothing worked yet.

Employment is at will. Why will they offer you 15 day notice period?

This seems like a good intentioned employer, which is a rarity to find these days. Either find a new employer ASAP, or return to India and continue your search for a new employer.

The more you stay in US after employment w/ B ends, the more difficult it will be to seamlessly transition to new employer. USCIS may approve new H-1 petition but w/ consular processing => leave US and return on stamped H-1 visa and new petition to get new I-94 and start to work for new employer.

Thanks for your response. my offer letter with Employer B has clause that advance 15 days notice required in case I want to resign or Employer want to terminate the same. So Is Offering India ticket can be considered as notice or clear termination/layoff notice needed ?

In any case I want to BUY time so that I can maintain status and find new employer.

Not a legal expert, but I think they need to spell out clearly in a letter that they are terminating your employment. Issuance of ticket cannot be considered as termination.

H1b petition transfer after withdrawl from current sponsor while staying in USA

I have typical situation which needs expet advice

I am on H1B with Company A
I am getting terminated from current company due to no work in near time on Fri 3/25/2016

Due to this i rushed seeking opportunties and Currently waiting on 3 companies result
2 at final Management Interview
1 at HR round
All these interview round will be completed by this week 3/25/2016
Probable start date for H1B petition transfer from any other company would be during April 1st week i.e HRs will start collecting required documents to initiate H1B transfer during the week of Mon 4/4

here i need suggestion and advice
by what date my h1b petition transfer should be initiated ?

Question 1: is it fine to start the h1b petition on 4/4 (by a week to this date existing h1b would have initiated to cancel from current company)

Alternatively:
My friends consultancy said they will initaite transfer today so i can have valid peition at worst case

Question 1: but my question here again is if my friends consultancy starts h1b petition on 3/24/2016 and
which petition i have to share if the one of 3 other company asks for peition copy to start h1b transfer ?

Hi, I am in similar situation and need your inputs

mine is, waiting for offer letter and start of h1b transfer to start on April 04 but my existing employer last date is March 24, and also said they will notify to USCIS during April 1st week

is it fine if my new employer applies for h1b transfer after 7days of last date with existing employer ?

if i can get h1b transfer started before last date with existing employer for which an consultancy is helping, this case i am not surr which petition copy to be provided to new employer when they ask during april 1st week

any experience share will help me and my family alot

I am not able to post answer or new Question so adding as comment

Hi, I am in similar situation and need your inputs

mine is, waiting for offer letter and start of h1b transfer to start on April 04 but my existing employer last date is March 24, and also said they will notify to USCIS during April 1st week

is it fine if my new employer applies for h1b transfer after 7days of last date with existing employer ?

if i can get h1b transfer started before last date with existing employer for which an consultancy is helping, this case i am not surr which petition copy to be provided to new employer when they ask during april 1st week

any experience share will help me and my family alot

I am not able to post answer or new Question so adding as comment

Adding to above:
I have not resigned, employer dont have projects and hence said as terminating but he has sent email saying base don your resignation we are giving 3/25 as your last date

i dont know what they mean by this !! to escape flight charges to India to me and my family per agreement and contract ?

You would have gap of 1-2 weeks b/w the time you last worked on H-1, and H-1 petition is received by USCIS. This is a gray area and it is up to USCIS officer discretion. Best case scenario - they will approve H-1 w/ I-94 attached. Worst case scenario - they will approve H-1 w/ consular processing. In this case you have to leave US and return on new petition to work for the new employer.

Even if you go w/ friend’s company, they have to do LCA first which will cause the eventual H-1 to be filed 1-2 weeks from now.

Assuming your friend’s petition is filed and then new employer’s petition is filed. This will cause bridge scenario and you will have to submit current 797 and friend’s 797 to the new employer.

My suggestion is to file new employer’s petition ASAP in PP. Once it is approved w/ consular processing, leave US immediately and return on their petition to get a new I-94.