Say I leave company A in January for company B on H1b transfer receipt. Then in March I get a transfer rejection(with premium processing). Can I go back to company A? How long can I stay in US? I've heard 15 days and also 60, I'm confused between the two.
If B is one of the big ones, you can park abroad for a year, and come back with L visa. This is what I heard. Haven't confirmed with lawyers or anything.
Yes it's a big company(FANG level). Do you recommend talking all these details out before joining? My recruiter doesn't seem to have a great idea about these.
Yeah you can discuss those options with the lawyers, but the process can be very slow. Take FB as example, they ususally don't allow you to talk to their lawyer directly before signing the offer, so it has to been thru the recruiters.
L visa is slavery be careful.
Yes I'd rather prefer the employer to reapply or appeal the denial, well in time so I don't have to leave US or at worse for no more than a few months. Don't know what the normal is right now.
Make America great again! Stop H1B job theft!
Thanks for being helpful here.
Why do you want to risk your position by joining on receipt? If the risk is worth then accept the fact you have to go back. 15 or 60 doesn’t matter when you have to go back.
I have built a life here. With my assets, yearly lease, a house that is fully furnished, I don't think a 15 day notice will be enough for me to manage everything(with the fact that I may never be back in mind). I am only even thinking about it because the opportunity is really good. I am getting a bump of 80% in my current TC. And the company is a top one too. And the role is what I am looking for. The probability of my denial is low too, but in today's ecosystem, definitely not impossible. I am okay with moving if all the three happen: 1) the company relocates me in case of H1b denial. 2) appeals denial or refiles my petition. 3) I get minimum 60 days to leave. Just trying to know everything, before I make the painful decision of not joining.
Send ur case details to white hours addressing the POTUS.. he may help u since u have built a life here unlike us blood sucking immigrants..
You or the company not willing to wait until petition is actually approved?
No they aren't :(
I am in the exact same position as you my friend. I am following your same plan too.. I am okay with moving if all the three happen: 1) the company relocates me in case of H1b denial. 2) appeals denial or refiles my petition. 3) I get minimum 60 days to leave. Except I don't plan to leave until option 2) has been exhausted. I have time on i-94 and don't mind risking out of status for a little bit to see if option 2 works out. Temporary out of status does not carry risks esp given the long long time before GC.
Do you understand that relocation means lower tc?
With a temporarily low TC, in the worst case, yes!
You said your joining date is tentative, are they willing to push it further and wait for you approval in case it doesn't fall through ?
No they aren't :(
Try to convince them to wait for the transfer. Did they mention that they are ready to refile in case of denial?
You can go back, but will company A want you back.
Yeah that's highly doubtful too. If I leave company A on good terms, there's a very small probability that maybe they will. I'm a high performer and won't let the last two months affect my performance. Any idea on 60 days vs 15 days?