Best course of action for H-1B transfer

Tesla 100thieves
Jan 20 29 Comments

I got laid off from Tesla but I signed an offer in October with a new company and my H-1B transfer was filed in October as well. I was waiting for my transfer to come through before joining the new company.

Tesla is keeping me on payroll for 60 days and additional 60 days of grace period is there on my H-1B. Should I wait for my transfer or just join the new company with a receipt?

Status on USCIS shows that my case was transferred from California center to another center last week.

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TOP 29 Comments
  • Microsoft UMbR31
    Congrats man, that's a pretty great way out of a layoff
    Jan 201
    • Tesla 100thieves
      OP
      It wasn’t planned 😅. I just started interviewing pretty hardcore after the last lay-offs. Glad it worked out.
      Jan 20
  • Intel Intelegacy
    Join on receipt after 60 days of being in payroll. Problem solved 🙂
    Jan 205
    • Tesla 100thieves
      OP
      Lol that is my plan so far. Just feeling little uncomfortable being in an unknown state. I don’t think I will get any REF since my background is in CS and my role is exactly the same.
      Jan 20
    • Intel Intelegacy
      I am planning to join on receipt as well. Should be fine I guess 🙂
      Jan 20
    • Bank of America / OthertSWv17
      +1 to what @Intelegacy suggested.
      Pragmatic step and also if 'Premium Processing' does resume on Feb 19th then it'll be all smooth for you.
      All da best bud.
      Jan 20
    • Google snkprnt1
      Don't worry about rfes. You are in a good position. You should be able to join receipt after Tesla 60 day pay ends.

      In your case, you seem to have a good landing plan. So don't worry. Good luck!
      Jan 20
    • Tesla 100thieves
      OP
      Thanks guys.
      Jan 20
  • New Gabber
    👍👍 to Tesla for keeping you on payroll for 2 months. Any other companies do that ? Like FB / NFLX / AMZN - the companies that usually fire people ?
    Jan 203
    • Tesla 100thieves
      OP
      When they lay-off a lot of people they give severance. In my case they laid off more than 3000 people. Same applies to other companies. There is a WARN act in California which means they have to give 60 days notice before they can end your employment.
      Jan 20
    • New Gabber
      Interesting. Is WARN act only valid in California ?
      Jan 20
    • Tesla 100thieves
      OP
      I think so. I am not sure what other states it is valid. I personally heard about it because it was mentioned in my lay off email.
      Jan 20
  • Intel Intelegacy
    One thing I would like to suggest is to have a backup plan from the company that you are about to join Incase if your H1B gets denied.
    Jan 201
  • New cTqz82
    Hey if you are on payroll for 60 days without work get that money. Premium processing rwstarts in feb 19. Get your case moved to premiun and you are done.
    Jan 200
  • Oracle peanutbtr
    Never thought a lay off could be so pleasant. Congrats and good luck. Enjoy the 2 month vacation!
    Jan 200
  • Amazon kuchnai
    If you join right away you get double pay. Waiting for transfer isn’t giving you anything is it? Unless you plan to study and interview more
    Jan 204
    • Mesosphere / EngOnesie
      +1 this might have some implications. You can’t be double paid on h1b from what I know.
      Jan 20
    • Amazon kuchnai
      You can do any number of jobs on h1b as long as you have 1 full time job to maintain status
      Jan 20
    • Tesla 100thieves
      OP
      I will reach out to some attorney and ask about this.
      Jan 20
    • Amazon kuchnai
      Please do. I’ve done it, my friends have done it, so I know.
      Jan 20
  • Microsoft UMbR31
    Kuchnai is wrong. You cannot have two employers each hold a 40 hr/week H1B for you. You can have many that total up to 40/wk.
    Jan 202
    • New Gabber
      Incorrect AFAIK. You can have > 40 hours
      Jan 20
    • Amazon kuchnai
      Dude please post me a link about this. What I suggested is 100% legal. H1b does not have a 40 hr/wk limit. If that was the case entire Silicon Valley would lose half their workforce as at least 50% work more than 40 hr
      Jan 20
  • SAP ksYR03
    Could u share how things look at tesla? Morale of team and what’s the manager saying ? More layoffs?
    Jan 230
  • LeanTaaS ♥️ data
    I would say, join right away.

    Depends on your company.... if your H-1B petition is denied, you can be moved to Canada or Europe. you would be like a part of the company.
    Jan 210
  • Amazon Crazydaddy
    I meant to reply to kuchnai post
    Jan 200
  • Amazon Crazydaddy
    I think this is best option to maximize on $$ . However, better to confirm with attorney to make sure you won’t get into any trouble.
    Jan 200
  • MuleSoft 💩 ity
    Maybe negotiate your severance
    Jan 200

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