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  • H1 Transfer situation

    I was laid off in Feb 2018 form my current Company where I was working as Full time Employee. My severence ended in Mar. Currently i am on grace period of 60 Days.

    I have 2 offers now both through Contract basis

    1st offer ( Project is 3 months and then may be renewed)
    End client > American staffing > Their Vendor-A (Processing my H1 Transfer under Normal and have to work on receipt) > Me

    2nd Offer ( Project is 10 months and then may be renewed)
    End client > India Based IT company > Their Vendor-B (Processing my H1 Transfer under Normal and have to work on receipt) > Me

    1st offer is easy to relocate and have good compensation but current visibilty in only 3 months
    2nd offer is bay area, payment is damn low but it is long term.

    I am liking the work in 1st offer as there is lot to learn and will add to my resume.

    I am not looking for money in current situation, I am worried that

    Under 1st offer,
    If my project ends in 3 months, the Vendor A is ready only for 2 weeks of Bench. My H1b approval won't some in 3 months.
    Q1: So at that time will I have grace period of 2 months to find new employer?
    Q2: Can I file H1b to one more new employer and start working for him under receipt ?

    Or will I have only 2 weeks in hand at that time and if i do not find new employer i have to return back to India as my H1B goes OUT of staus

  • #2
    Originally posted by [email protected] View Post
    I was laid off in Feb 2018 form my current Company where I was working as Full time Employee. My severence ended in Mar. Currently i am on grace period of 60 Days.

    I have 2 offers now both through Contract basis

    1st offer ( Project is 3 months and then may be renewed)
    End client > American staffing > Their Vendor-A (Processing my H1 Transfer under Normal and have to work on receipt) > Me

    2nd Offer ( Project is 10 months and then may be renewed)
    End client > India Based IT company > Their Vendor-B (Processing my H1 Transfer under Normal and have to work on receipt) > Me

    1st offer is easy to relocate and have good compensation but current visibilty in only 3 months
    2nd offer is bay area, payment is damn low but it is long term.

    I am liking the work in 1st offer as there is lot to learn and will add to my resume.

    I am not looking for money in current situation, I am worried that

    Under 1st offer,
    If my project ends in 3 months, the Vendor A is ready only for 2 weeks of Bench. My H1b approval won't some in 3 months.
    Q1: So at that time will I have grace period of 2 months to find new employer?
    Q2: Can I file H1b to one more new employer and start working for him under receipt ?

    Or will I have only 2 weeks in hand at that time and if i do not find new employer i have to return back to India as my H1B goes OUT of staus


    H1B grace period under AC21 laws are applicable only when your H1B transfer petition is approved ie if Emp 1 manages to get your H1B petition approved from USCIS you will get a 60 days grace period when your employment ends with employer 1, if not then your grace period is considered started from the time you left your previous employer (in March) hence you will be out of status after 3 months.

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