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Layoff During H1b Transfer To Another Company

Discussion in 'AC 21 H-1B Issues' started by inquisitivehuman, Aug 24, 2017.

  1. inquisitivehuman

    inquisitivehuman New Member

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    I am currently working for company A(fortune 500 company) on a H1B with approved I-140 and I my position is being eliminated and my last day would in the first week of Oct. I have been interviewing and have a couple of verbal offers (fortune 500s) and working through the final numbers (but nothing in writing yet)

    My questions are.
    Scenario A:
    I get a written offer in a week (first week of sept), i submit my documents for the visa transfer, but by the time company B prepares and files for the transfer(Oct 2nd week), I get laid off.
    Questions:
    • How would this impact me?
    • would this create problems for the transfer now
    • would this have any effect during the green card process?

    Scenario B:
    I get a written offer in a week (first week of sept), i submit my documents for the visa transfer, company B files for the transfer but before we get the receipt number, i get laid off.
    Questions:
    • since the transfer was filed, would i still be out of status?
    Scenario C:
    I get a written offer in a week, submit my document for visa transfer, company B files transfer and get a receipt number before Oct and i get laid off.
    Questions:
    • I presume there is no legal complications here. If i am correct, what potential issues could i be facing?
    General questions:
    I have not mentioned about my predicament to my potential employers as the interview process has taken literally 2 months so far. Naturally i was confident that i would move out before company A terminates me. Also, revealing this, i feared that my candidature would be passed up.

    I know its good to be transparent, but I fear this will only delay rolling out the offer letter(them trying to find out why i was getting laid off). what are your suggestions? at what point do i tell them about my situation, or should i tell them at all? I have about a month from now to make this transition.

    Would really appreciate any help and advice.

    Thanks
     
  2. inquisitivehuman

    inquisitivehuman New Member

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    Any advice/suggestions? I have just a month left, any info would be very helpful.
     
  3. gcmatters

    gcmatters Guru

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    If your I-140 has been approved for more than 180 days by the time you are laid off, you get a 60 day grace period where you can evaluate your options and do transfers etc. So it all depends on when was your I-140 approved.
     
  4. inquisitivehuman

    inquisitivehuman New Member

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    Thank you for your response! much appreciate it. My I-140 was approved almost a year ago. so this would allow me the 60 day grace period.

    It would be nice if someone could share their experience how they went from being laid off and getting into a FTE role and how they overcame the concerns from hiring company/manager on the lay off and what impact it had on salary negotiations?
     
  5. WaldenPond

    WaldenPond Guru

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    You seem to be fine.
     
  6. WaldenPond

    WaldenPond Guru

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    I don't think they would care about it at this stage... you have been through their process already
     

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