I would really appreciate some input while I try to navigate this really difficult time. I am an Indian born Canadian citizen and was laid off from an American company after 18 years, with my last day being October 1 so my grace period of 60 days ends on November 30. The employer had filed for my green card and my I-140 was approved back in 2016 with a priority date of January 2016. My spouse is an Indian citizen and working on a H4 EAD at an American company.
I have a couple of job offers, some of who are willing to consider H1. With my last working day at the current organization (who laid me off) being October 1, will the potential new employer need to file a new H1 or will this be considered a H1 transfer? One of the company that I interviewed with today said the H1 process is something they're willing to do but it can take up to 3 months. I'm trying to figure out, does H1 transfer take 3 months or will they file a new H1 for me? I am waived from the quota due to an approved I-140. The potential new employer said they are aware it's okay to start working as soon as they file the H1, but their HR policy is to wait for the employee to start when the H1 is approved, to avoid being the grey area of RFEs or any potential delays with approval.
If it is considered a H1 transfer, will they need to file my transfer on October 1(since that's my last day with current employer who laid me off)? Or can they file it before October 1? Is there a possibility of maybe this new company filing a concurrent H1 before October 1? The reason I ask this is so I can plan what status I will be in, etc while I wait for the approval.
If it is considered a new H1(quota waived), then when can this new company offering me the job file my H1?
I have a couple of job offers, some of who are willing to consider H1. With my last working day at the current organization (who laid me off) being October 1, will the potential new employer need to file a new H1 or will this be considered a H1 transfer? One of the company that I interviewed with today said the H1 process is something they're willing to do but it can take up to 3 months. I'm trying to figure out, does H1 transfer take 3 months or will they file a new H1 for me? I am waived from the quota due to an approved I-140. The potential new employer said they are aware it's okay to start working as soon as they file the H1, but their HR policy is to wait for the employee to start when the H1 is approved, to avoid being the grey area of RFEs or any potential delays with approval.
If it is considered a H1 transfer, will they need to file my transfer on October 1(since that's my last day with current employer who laid me off)? Or can they file it before October 1? Is there a possibility of maybe this new company filing a concurrent H1 before October 1? The reason I ask this is so I can plan what status I will be in, etc while I wait for the approval.
If it is considered a new H1(quota waived), then when can this new company offering me the job file my H1?