Multiple H1B Transfer while on 60 days grace period?

Hi there,

I was let go by my client on Nov 13th 2019. My current I94 is valid till Feb 1st 2020. I currently have 3 employers willing to file my H1B Transfer but I am concerned for RFE and denials and how the process will look. I was hoping to get them all to file my transfer to be safe and for back-ups. Below are my concerns:

  1. Can multiple employers (A,B,C) file for my H1B transfer simultaneously?

  2. Can I choose to join employer A on receipt notice before my 60 day grace period ends on Jan 13th 2020? But then ultimately join the employer (A,B,or C) whosoever gets approved first?

  3. If my H1B transfer for employer A, that I chose to join on receipt notice gets denied. What happens to my H1B transfer petition from employer B and C, if my i94 is still valid and if i94 has expired? Can I move to either of them based on their receipt notice?

Appreciate your time and help and apologies in advance for so many questions and scenarios.

Thanks.

Multiple H1B transfer in 60 day grace period

Yes, you can file multiple H1B Transfer in 60 day grace period.

Join Emp A on Receipt and then Move to Emp B?

You can join Employer A on receipt within 60 days to get back to H1B status.

You can choose to join any other employer B or C later if their H1B petition is approved.

H1B transfer Denied

If your Employer A H1B Transfer is denied, then the safest way is to go out of US and then wait for employer B or C’s H1B approval. You can come back to US once their H1B is approved.

You should either join B, C before A’s denial or go out of US after A’s denial.

You only get 60 days grace once per H1B petition approval. I94 is irrelevant once H1B is denied.

Hi Anil,

Appreciate your prompt response. I have a few follow up questions regarding my spouses H4 and EAD.

When I was with my previous employer, we had applied for H1B, H4 and EAD extensions in premium. When I was let go, my employer withdrew my H1B extension but said H4 and EAD were still in process. They were filed at the Texas center on Aug 16th 2019.

As it stands my spouses H4 and EAD are in process and my current H1B only valid till Feb 1 2020. I am concerned that by the time they approve my spouses H4 and EAD, they will only provide it till Feb 1st 2020.

Im currently in the process of picking employer A, B or C as aforementioned and will hopefully get an extension for 1-3 yrs. But how do I get this information to be reflected on my spouses application? So that the H4 extension is for the same duration as my new H1B?

Thank you again.

You can’t really send this information to USCIS.

But, USCIS can send an RFE for ask for proof of your H1B status. At that time, when you send your h1B information, the H4 can be approved for full term which is same as your h1B.

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Hi,
I got laid off my Company A end of May and I got offers from Company B and Company C. Company B is a typical consulting company with low pay and no career path. Company C is a tech company with lot of growth opportunities. So, I would like to join Company C.

  1. Company B applied h1B transfer transfer first and it got approved. Company C will apply before the 60 days grace period. Can I join Company B and once Company C petition gets approved, quit Company B and join Company C. Any issues in this approach ? Will Company C transfer considered as transfer from Company A or Company B?

  2. is it safe to join Company B and get a paystub and then have Company C apply for H1B transfer from Company B to Company C? Here, assuming 60 days has passed.

  3. Have Company C apply for H1B transfer within 60 days grace period and wait for Company C approval and join Company C. In this case I would be joining Company C around 75th day. I will not be employed till 75 days.

Please clarify. Sincerely appreciate your response.

Hi @Ram22

Please read discussion above. Your questions have been answered.

Hi there,
I was let go on Jan 13 2020. My 60 day grace period ends in two weeks on March 13 2020. I currently have employer A willing to file and process my H1B. But I should hear back from employer B next week.

  1. Can employer B file for H1B after 60 day period? Should I notify Employer B about the Employer A Petition?

  2. If the employer A petition gets approved , do i need to revise my details provided for employer B?

  3. Do i have to wait for the results of petition from Employer A before filing a petition from employer B?

  4. Can two petitions be filed back to back (in 2 week window) for H1B Transfer?

I am interested in joining employer B.
I apologize in advance for the series of questions. Thank you for your help.

You can file Multiple H1B Transfer in 60 day grace period.

Its your choice if you want to share Employer A’s H1B information with Employer B. It is usually good to share.

No need to wait for Employer A’s H1B result to file Employer B H1B.

My suggestion is to join Employer A as early as possible and start payroll to get back on to H1B status. Then, you can move to Employer B later of you want.

Hi Anil

Need your valuable advice

I’m in 60 days grace period and I have applied for an h1b transfer with employer A and it got approved with premium processing and I worked for 2 weeks with them. now I filed another h1b transfer with employer B in regular processing within the 60 days grace period… does it needs to be a h1b transfer from employer A to B or it does not matter as I applied both within 60 days grace period and no documents are required from Employer A.