H1B Layoff.60 days grace

[gauravh1]

I had a time bound question regarding my case

Profile is listed below :

• My Masters Degree in Software Engg and Telecom
• Job is Security Engineer
• I-140 is approved and already got one extension in the past.

Situation is listed below :

• My Termination date (layoff) was on October 30th. Severance package received on Nov 20th (have payslip for Nov 20th).
• The 60 day grace period ends December 29th if we start counting from termination date.

Company "A" applied for H1-B transfer on December 21 in premium processing. Joining Date on January 4th (as provided in LCA, they said they cannot change it now to an earlier date). Waiting for the approval by USCIS.

Company "B" will be applying for H1-B Transfer on Monday December 28th. I have to send them signed H4 docs and tell them whether to apply for H1 transfer or not. If I ask them to wait beyond Dec 29th they are ready to do consular processing but I have to go to India for visa stamping.

Since I am without a job I was thinking to apply for an H1-Transfer from both companies in case there is a problem with one of them to maintain my status in the USA without visiting india.

Questions :

1. Can the other company sue/other consequences for not joining them even though I requested the H1 Transfer and they wasted money on me?
2. Should I ask the other company "B" to apply for my H1 Transfer or just rely on "A" 's approval ? In the past I never had issues with the last 4 H1B extensions and 2 transfers.
3. What are the other options I have in such a situation so that I can wait for one approval before rejecting the other offer and not jeopardize my status in the US?

[rkk09]

Hi,
Please see my response below.
Question: Can the other company sue/other consequences for not joining them even though I requested the H1 Transfer and they wasted money on me?
Answer: It depend on Agreement you have with Employers. So, you will need to carefully review Employment Agreements with Employer. If there is any clauses mentioning the same then you will have some tough time. But legally, two different Employer can sponsor H1B to one Employee. But, It is absolutely Employee interest, which company he/ she selects and deny the other offer.
Question: Should I ask the other company "B" to apply for my H1 Transfer or just rely on "A" 's approval ? In the past I never had issues with the last 4 H1B extensions and 2 transfers.
Answer: If both companies are ready to sponsor they can. But, you will need to select either of one company and accept one offer then move forward.
Thanks