Join H1B Employer C while Emp B transfer is pending RFE

Hi Anil,

I’ve been here before, but got new questions for you. Reposting my scenario:

I had approved H1B with company A initially, I-94 expired Sep 2019. I filed H1B transfer to company B Nov 2018, and joined company B based on receipt. The transfer is now in RFE status, RFE respond deadline in June 2019. Now I got a dream offer with company C, and C is planning to file transfer soon.

My questions:

  1. If C files transfer before June, and I join C upon receipt, can I leave B’s petition in RFE, not asking B to respond?
  2. If I join C upon receipt, how many days of unemployment I can have after leaving B and before going to C? I need to relocate for C, so I’ll need around 1-2 weeks to settle up. Does the 60 days grace period apply to me? (I used 60 days grace period for A. I know it’s 60 days per H1B validity. But since B is in RFE not approved, does 60 days apply to it?)

Thanks for replying in advance!

Join H1B Employer C on receipt

You can join Employer C on H1B receipt.

Employer B will anyway not respond to RFE as you would have left them.

H1B 60 day grace period

H1B 60 day grace is ONLY available once per H1b validity which you have already used with Employer A.

You have not received any other H1B approval yet. So, no more grace period available.

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Hi Anil,

Thanks for the reply!

Follow up question for grace period, since I won’t have any grace period with employer B, does that mean I have to leave company B and go to company C the next day with no gaps?

Otherwise I would be in trouble?

Usually, that’s what people do. You leave the employer on Friday and join the new one on Monday.

Couple of days gap is fine.

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How about I ask Employer C to get me premium, and wait till approval to join C. So once I get approval with C, still left RFE with B, can I take two weeks off in between in order to settle down?

My answer still stays same.