I got laid off due to recent mass layoff’s by Employer A and my end end date is next month June 15th. I have found another Employer B (consultancy) who will file H1b transfer (premium processing).
I have to go to India in mid-July due to some circumstances so was thinking to take time off for a month and stay in US after my last date with current employer (within 60 day grace period range from my last date i.e., 15th June to 15th August) and then leave for India in mid-July and get stamping done and join Employer B only after coming back from India in mid-August.
So can i come back to US after visa stamping and join new employer B. Would it create any issues since there is a gap between my last date and new joining date along with 1 month staying in US under unemployment status?
Has anyone gone through this situation? Please let me know.
This forum has been really helpful and thanks to all the members/creators for helping out and answering all queries.
So looks like my new employer will file for the petition next week but what should be the start date in the petition? should it be in June itself because i need to get a new employer within 60 day grace or can the start date be in September after i arrive from India?
Since this will be premium processing, assuming i might get an H1b transfer approval by the end of this month June 30th but since i will be departing to India on July 11th, should i join my employer before departing or can i join after coming back from India?
In either case if i need to join my employer now or not - does the payroll need to start from the start date to departure date?
Start date can be as early as the H1B filing date or any future date but if you are wanting to join before the 60 days grace expires and expecting your H1B to be approved with I-94, then it should be the former.
Totally your choice. Make sure you have a valid H1B visa to enter back.
No, your payroll starts the day you start working for the H1B employer.