{ "media_type": "text", "post_content": "Need advice; current employer won’t file h1b extension and visa expires in 3/19. Got an offer and company filed h1b yesterday. Should I join based on receipt or wait for approval?", "post_id": "5bc74190055a5400122c824b", "reply_count": 10, "vote_count": 1, "bowl_id": "58f8108c753e990016608a0b", "bowl_name": "Desi Consultants" }

Need advice; current employer won’t file h1b extension and visa expires in 3/19. Got an offer and company filed h1b yesterday. Should I join based on receipt or wait for approval?

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If your current employer is not going to file extension then 3/19 is your effective termination date. So, why would you stay with them? In the extreme worse scenario your H1B transfer is rejected which will again lead to same situation as staying with your current employer

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Ok, what if current employer revoke the h1b - does that have any impact?

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Contd. it’s an interesting situation because I don’t know how long it will take for h1b processing. If it’s less than 2-3 months I would wait for approval else I would join. Suggestions/thoughts?

Your new employer has shop in India ? If so, then I would not mind to join with them. Because, if your visa is denied (not hoping but in case) in few months from now then you can at least go back somewhere. Staying with current employer cannot be a long term option anyway. So, I would suggest to jump the ship.

Is your new company willing to offer you to join with receipt? If so, do it irrespective of the processing time. Worst case scenario, even if you hear post 3/19 on your H1B status, you can legally stay in US considering you have a petition filed

Appreciate everyone’s inputs - so it sounds like I may be better off joining the new employer regardless of the processing time. The worst case would be h1b is processing in a month or two time with a negative outcome - I will be stranded and won’t have time to sell house, cars etc

OP: pray for the best and prepare for the worst! I know someone who is moving back to India after 11 years of stay here cos he got a denial on his RFE. In spite of having a house, car and 2 kids, he is able to wrap up things in 20 days or so. USCIS gives time to wrap up things here. Don’t want to sound brash but trying to give you an idea of a worst case scenario

You can always do premium processing in Feb. Also I would consult with an independent immigration attorney. They generally charge $100/$200!

I join starting next week, and i94 is currently valid till March 2019. Assuming it takes several months for h1b processing and say there is a negative outcome in April next year. Will be unlawful presence start from March or when I quit the current employer?

March!

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