In April 2024, i’m impacted with layoffs and my employer (Employer 1) revoked my H1-B petition in May.
Right now my 60 day grace period ended and luckily another employer(Employer 2) sponsored the H1-B in non premium process and got receipt last week.
By chance if got a new Job offer from different employer(Employer 3) in next 2-3 weeks, Can they file a transfer H1-B petition for me with the newly received receipt(not approved petition)?
your thoughts?
Yes you can file a new petition with employer 3. Chances are you might accumulate unlawful presence and you wouldn’t know.
My 2 cents is stop looking for more jobs if a trusted employer 2 has already filled for you.
Get the approval so you have 3 years to find a new job.
Because you are currently in a period of authorized stay based on a pending change of employer petition and past the 60 day grace, third employer have no basis to file change of employer petition ( aka transfer).
The third employer though can file a new cap-exempt H1B petition with consular processing and if approved you can join the 3rd employer after exiting the US and getting a visa stamp.
In your situation, its better to wait for the current transfer petition to get approved and then change to another employer.