Q: Laid off on H1B, 60 day clock reset when exactly?
I got laid off on April 19. I got an offer from a company in DC and they've started the transfer process. However currently they're waiting for lca approval and then my company will have to sign and then they'll send out the h1b petition. Does my 2 month clock not go away until I receive the receipt?
Also just today I got another offer from a much bigger company B and I really want to take it up! But I'm worried if I start the h1b process from them now I may not have enough time to maintain my status since the 2 months would likely be over before I receive a receipt from them? Also can I've multiple h1b in parallel from both companies? If I start working for Dc company once I receive the petition can I switch over to working for company B once their h1b is approved? My worry here is that company B would have applied for a transfer from my old company from which I was laid off to it, not from the Dc company to company B.
A:
Here are some answers:
1) The 60-day grace period is counted from the day of leaving the H-1B job with Company A. The new H-1B petition by Company B must arrive at the immigration office within that period. It doesn't matter if the filing receipt comes later.
2) As soon as the new H-1B petition from Company B arrives at the immigration office (assuming it is properly filled out and signed, with the appropriate filing fees) the employee's H-1B status is automatically extended while the case is pending with USCIS.
3) During the waiting period for a decision on Company B's H-1B petition, the employee can transfer to Company C if Company C also files an H-1B petition while the employee is working with Company B.
If you have more questions, please feel free to call my office or email me at algaselex@gmail.com
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
