Hi @Anil_Gupta,
I have ran into few question with my current situation in 60 day grace period in my H1-B.
I went thorough other answers to understand the possibility of concurrent filing and way to maintain status to join the optimal option. But I still had some questions, where I needed some clarification.
Please see the some of the following referred post for this purpose (not shared all the post read for convenience):
- https://www.truvisa.com/t/h1b-60-days-grace-period-extension/7172
- https://www.truvisa.com/t/got-laid-off-company-a-two-job-offers-same-time-in-60-days/8726
- https://www.truvisa.com/t/is-it-possible-to-convert-regular-h1b-to-concurrent-h1b-with-current-employer/2846
- https://www.truvisa.com/t/multiple-h1b-transfers-during-60-day-grace-period-with-severance-package/5313
Please find below the details:
Situation:
I was laid off on n-th day from Company A due company issues in the past month. I was given severance for 10 days, so my 60-day grace period has started on n+10th day of the last month and say is ending on m-th date on next month. Fortunately, I have managed to get two FT offers (say company B & C) and a contract offer (say company D) by now.
On a separate note, I have over 2 yrs left in my H1-B and my i-94 has over 2yrs of validity on my current Company A visa.
Probable Solution:
Case#1. Company D can get started easily on a receipt notice within the 60 day grace period, keeping me safe by maintaining my visa status.
Case#2. This was my fallback option. Company B cannot get me started within the 60 time period and their HR/immigration is also not very confident, So there will be a delta (which is a gap bewteen my 60day grace period and start date at Company B). Hence, I’m not very confident to pursue this offer with Company B.
Case#3. Company C situation is also similar to Company B (can get me started at a later point of time with a delta to m-th day) but it’s a well established company who is confident of getting me started with a delta, maybe on a contingent hiring process (if it’s a receipt notice or the i797 approval is not arrived) with some higher approvals. This was my first choice and I trust them over Company B.
Hence, I want to join Company C as this A FT role with them filing my GC later and bypassing the hassle to get converted to FT later from Company D (if that’s even possible) or entirely look for another FT role in future.
Questions:
Q1. Can I join Company C (proceed with Case#3) without loosing my status even if there a delta ? If so is it fine to get my LCA filed and received by USCIS within m-th date ? Or my start date needs to be within m-th date to reamin in status ?
Q2. If i simply take up opportunity with Company C, would i need to leave United States after 60 days and come back once the visa is approved and start working ?
Q3. Should i take up Company D just to remian in status and leave other options with a delta to avoid loosing my status ? and maybe pursue FT roles at a later point again ?
Q4. Is it even possible to take up an offer from company B and get started within 60 day and parallely continue the LCA process with company C and start them later with a delta, so that i am in my visa status ? If so, then:
4a. Do both company (B & C) will file LCA on my last company A ?
4b. Or it’s not possible ?
Kindly help me understand this process. Thanks in advance !
Kind regards !!!