H1B lay off and H1 transfer

IBM
VFWd73

Go to company page IBM

VFWd73
Jan 11, 2021 8 Comments

Hi All,

My husband got laid off today due to an acquisition and HR told that he has 60 days to find another job.

Fortunately, his H1B transfer was in progress and today got his receipt number from premium processing from California USCIS.

He wants to start immediately but we are hell scared to join before approval. His current H1B would be anyway revoked.

He has two interviews next week.

I would appreciate if anybody from a similar experience share their thoughts?

P.S. I am on H1B. PERM started few months back, so I-140 yet not approved.

Thank you.
#layoff #severance #h1b

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TOP 8 Comments
  • IBM
    VFWd73

    Go to company page IBM

    VFWd73
    OP
    Case status says 'Approved'. We are so thankful to God!! We were really scared. Thanks everyone for your inputs.
    Jan 12, 2021 0
  • New / Eng
    JOUc86

    New Eng

    PRE
    Uber
    JOUc86
    Most people don’t quit their jobs before approval because it’s not a sure thing. But if you have already lost your job, you have nothing to lose from a legal standpoint. I was laid off and joined on receipt. My approval came 2 weeks later.
    If you don’t want to join due to other interviews, that’s a different story. How did you convince this employer to start the H1B transfer without signing an offer though? Is this negotiable nowadays? Or your husband plans to renege?
    Jan 11, 2021 1
    • IBM
      VFWd73

      Go to company page IBM

      VFWd73
      OP
      There was an offer he signed with 1/4 as start date but lawyers got confused with the new DOL prevailing wage rules and filing process got delayed. Hence, he is expecting a new offer letter with updated start date. He emailed to recruiter today after getting H1B transfer receipt but recruiter hasn’t responded yet. We just want that he gets his H1B ASAP with a confirmed job. Envoy Global is handling H1B transfer.
      Jan 11, 2021
  • LogMeIn
    owcI60

    Go to company page LogMeIn

    owcI60
    If new company's lawyers allow that, you could. But it's not up to him, it's up to the lawyers. Usually they wait until finalized approval IN HAND
    Jan 11, 2021 1
    • IBM
      VFWd73

      Go to company page IBM

      VFWd73
      OP
      Maybe that's why they haven’t shared the updated offer letter with new joining date. Initial offer letter has joining date as Jan 4th but filing got delayed.
      Jan 11, 2021
  • CSG International / Product
    dev021

    Go to company page CSG International Product

    dev021
    Was the h1b transfer filed with premium processing? If so and you would not cross the 60 day limit then it should be okay to wait. Joining on receipt is risky but once you join then the company will support you as well if in case RFE is sent by USCIS. Overall, only look for the upcoming interviews if you are overly sure to crack. A bird in hand is 2 better in the bush. Note: it's not a legal advice so you should also check the same with an attorney. It would cost you 200-300 dollars for an hour of consultation but it's worth it in your case.
    Jan 11, 2021 1
    • IBM
      VFWd73

      Go to company page IBM

      VFWd73
      OP
      Yes, H1B transferred in premium processing. Today was his last day. So, we have 60 days in hand.
      Jan 11, 2021
  • Amazon
    NbTF47

    Go to company page Amazon

    NbTF47
    I had the exact same experience.
    He can start immediately . I went through the same and had to consult Immigration lawyers if I could start immediately and they said yes.
    I have not had any issuesand got my H1B renewed 2 times after.
    Feb 1, 2021 0