H-1B Transfer after Amazon PIP
Hi Blind Community, I've been with Amazon US for about 1.5 years but was placed on a Performance Improvement Plan (PIP) in January 2024. Shortly after, I took advantage of FMLA (Family and Medical Leave Act), securing 12 weeks of unpaid leave to deliberate my options: accepting the PIP or leaving with severance. My FMLA concludes next week. During my leave, I received a job offer from a startup. As I'm currently on an H-1B visa, transitioning involves my new employer coordinating with Amazon's immigration team to transfer my visa. Amazon HR has indicated that if I opt for severance, my employment would end within 2-3 business days of my decision. My dilemma is this: If I instruct my prospective employer to initiate the H-1B transfer before electing severance, Amazon might frame it as a resignation, potentially jeopardizing my severance package. Conversely, initiating the transfer after choosing to leave could disconnect my visa from Amazon prematurely, raising concerns with my new employer. I’m unsure how to navigate this without risking my severance or raising flags during my visa transfer. Any insights, especially from those with similar experiences, would be invaluable. Current TC: $220,000 New TC: $300,000 Years of Experience: 3 years Thank you all in advance for your advice!
Take short term disability for a few weeks. Its basically extending the same paperwork
Hi. Can you please guide me a bit regarding short term disability? How can I take this leave?
Do you know the Severence amount? Would be useful information in making a decision. Also, I don't think Amazon would get to know if another employer initiates an H1b transfer
Amazon cannot find out someone filed h1b for you.
Why will the new company coordinate with the Amazon immigration team for transfer of visa ? This is not correct
Noone is going to transfer your H1B. It's a petition that new company files with USCIS and amazon doesn't know a shit about it.
Been there done that - Ask your new company to file for your H1B transfer via premium processing. This process end to end takes 4-6 weeks. In the meanwhile collect your severance from Amazon. You must join the new company within 60 days of your LWD with Amazon. If you follow this, you are good
Is it possible to switch to B1 visa in between?
Your severance will not be jeopardized.
Great job securing an offer. You don't need to worry about your H1B at Amazon. You can accept the offer at your new company, initiate H1B transfer. The attorneys usually take 4 weeks to even file for transfer. During this time Amazon has no way of knowing that you have initiated transfer. However if your new company runs a background check, they will reach out to your former employers. Background checks run soon after you accept the offer. You will know when it is run because you would provide the information required to run background checks such as previous employment and contact details. Just give the general HR contact at Amazon for this. In my opinion this shouldn't impact your severance. Relax and get out of Amazon.
Even if Amazon does something against you, you can probably hire an attorney and fight. But,you need to spend time and $$. Also, H1B transfer is a hectic task and what if your start-up company won't perform well and shuts down? Think carefully, take expert advices, and take advice from attorneys as well.
Hi! Thank you for your response. The startup is doing really well right now. So, I am not too concerned about them shutting down. But I will certainly get advice from an attorney