Got laid off from Uber last month. Signed an offer with a startup this week. They will start the H1B transfer process with premium processing next week. Anyone been in such a situation before? Can you share your experience or any suggestions? My guess is that I have nothing to lose by joining on acknowledgement of receipt. What happens if the transfer is rejected? Do I still have the rest of my grace period to retry with another employer? Or am I out of status immediately? Title: Senior SWE YOE: 8 TC at Uber: 350k
If you're on payroll, you're grace period has not started. That's why companies offer to run payroll instead of giving you your severance pay and booting you out.
If you are on H1 you have 60 days grace period. If transfer for one doest work you should still have the rest of grace period with you.
If the start up filed a premium processing. You would definitely have the 60 day grace period and don’t join on receipt wait for the approval within 15 days. However if they didn’t file a premium, then join a receipt. Don’t worry I know it’s stressful but you aren’t breaking the law.
I still don't get why shouldn't he join on receipt in this case ...
You still have time , don’t you ? You must be on Uber payroll until some time, and you have two months from the day you are off payroll. Why not keep searching / wait for approval ?
I am on Uber payroll till next week. But Fragomen lawyers say that the grace period started on the day of layoff i.e. September 10. Which doesn’t bother me that much. The bigger question for me is what happens if I join on acknowledgement and the transfer gets rejected? Do I quit the same day and look for a new employer? Or am I out of status immediately because I joined before approval?
Grace period cannot start if you are on payroll and getting paystubs. Fragomen lawyers !! I believe you are out of status immediately if the transfer gets denied. If on premium it’s just a matter of a few more days isn’t it ? Wait for approval before joining