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H1b Layoff in one month, Approved I140, New Employer start date questions

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  • H1b Layoff in one month, Approved I140, New Employer start date questions

    Hi all,

    I was told by my current employer (Company A) that December 27, 2019 is going to be my last day with them as part of workforce reduction and that I have until then to switch to a new employer. On December 27th they are going to send the H1B revocation notice to the USCIS. My I-140 has been approved for more than 6 months.

    I received an offer from a new employer (Company B) and am currently waiting for the H1B transfer petition to be filed and processed. The LCA has been filed and approved. But the H1B petition has not yet been filed (it should hopefully be filed sometime this week before December 7th ). I have not told Company B that I am going to be laid off from my current company.

    Company A said that if I quit before December 27th, 2019 they will tell future employers that I left because I found a new job but if I leave on December 27th, 2019 then the reason for my leaving would be workforce reduction.

    One last consideration, company B said that December 16th, 2019 is the last day of the year they allow for new hires to join and that if I do not join by then my joining date will be pushed January 2020.

    I am wondering which of the following options is the best course of action and will any of these cause a lapse in my H1B status. Please advise.

    1) Option 1: I quit on receipt and try to join before December 16th. I have never joined on receipt before but it is my understanding that if my petition for transfer gets rejected then I am immediately out of status and no longer have the 60 day grace period.

    2) Option 2: The H1B transfer approval comes in before December 27th, say on December 20th, I resign on December 21st and then join company B on January 9th. So between December 21st and January 9th am I out of H1B status? This would be my ideal scenario as it is the least risky of all and I don't have to tell my new and future employers about the lay-off.

    3) Option 3: The H1B transfer approval comes in after December 27th, say the December 29th, I resign on December 21st and then join company B on January 9th. So between December 21st and January 9th am I out of H1B status? Specifically, between December 27th and December 29th am I out of H1B status? Does the 60 day grace period apply here? The only reason to do this would be to not have to tell future employers about being laid off.

    4) Option 4: The H1B transfer approval comes in after December 27th, say the December 29th, I get laid off on December 27th and then join company B on January 9th. So between December 27th and January 9th am I out of H1B status? The 60 day grace period does apply here, right? Also, this option gives me the 60 grace period on the off chance that the transfer petition gets rejected. Am I correct?

    Regards,
    Santosh
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