u/AlarmedNerve1318

Hi everyone, long post but please bear with me — this is urgent and complex. I'll lay everything out clearly.
My Background:
• Indian national, H-1B status
• Approved I-140, priority date April 19, 2023 (qualifies me for 3-year H-1B extensions)
• Wife on H-4 with H-4 EAD expiring October 2027
• Laid off from Company A (full-time role) on April 2, 2026— that is my last working day and when the grace period clock started
• Grace period expires ~June 1, 2026 (60 days)

 
Timeline:
• April 2 – Laid off from Company A (full-time role). Grace period starts.
• May 20 – A staffing consultancy filed my H-1B LCA. I'm on their bench; they find contract roles and take 20% of my paycheck. They are also filing my wife's H-4 + H-4 EAD extension.
• ~May 28 – Consultancy's LCA expected to be approved (~6 business days).
• ~May 29 – Consultancy plans to file my H-1B transfer + wife's H-4/EAD using regular processing. This will be before my June 1 grace period deadline.
• May 21 – I received a full-time offer from Company B (full-time role).
• ~May 28 – Company B plans to file their LCA (HR unavailable for next 5 days).
• ~June 3–4 – Company B's LCA expected to be approved.
• ASAP after that – Company B files H-1B transfer using premium processing.

 
My Questions:
1. Does the consultancy's petition protect my status past June 1? Since the consultancy will file the H-1B before June 1, does that stop the grace period clock and keep me in maintained lawful status even while it's pending — even though Company B's petition won't be filed until after June 1?
2. Can both petitions be filed simultaneously? Is it legal and standard for two employers to have concurrent H-1B petitions pending for the same person at the same time? I believe this is allowed — can anyone confirm?
3. AC21 portability for Company B's filing Since Company B's LCA won't be approved until ~June 3–4 (after my grace period), they will be filing after June 1. Will their attorney cite AC21 portability (using the consultancy's pending petition as proof of maintained status) to make the filing valid? What documentation does Company B need for this?
4. Do I have to tell Company B about the consultancy's petition? Here's my concern: Company B's attorney will ask about my current status. If I just tell them April 2 was my last working day and say nothing else, they will think I've exhausted my grace period and may refuse to file. But if the consultancy finds out I have a full-time offer at Company B, they will likely cancel my petition and I'll be statusless. What is the right way to handle this disclosure — can I just say "I have a pending petition maintaining my status" without naming the consultancy?
5. What if the consultancy withdraws before Company B's petition is approved? If somehow the consultancy finds out and pulls their petition before Company B's petition is filed or approved, what is my legal situation? Is there any protection against this?
6. Documents for Company B The consultancy collected these documents from me — will Company B need the same set, and will my old Company A paystubs (no new employer paystubs since I was laid off) be acceptable?
• Travel history (passport)
• Resume, SSN, DL
• H-1B I-797A, LCA, visa stamp
• Latest I-94
• I-140 Approval Notice
• MS degree certificate + transcript
• Current + old passports
• Marriage certificate
• Paystubs from Company A (last employer, full-time role)
7. My wife's H-4 and EAD The consultancy is filing my wife's H-4 + H-4 EAD extension as part of their package. If I end up joining Company B and the consultancy's petition gets abandoned or withdrawn, what happens to my wife's H-4/EAD? Does Company B need to file her H-4/EAD concurrently? Also — should I ask the consultancy to exclude my wife's H-4 EAD extension from their filing so it doesn't get tied to their petition? If I do ask them to remove it, will they get suspicious and figure out that I'm planning to go elsewhere?
**8. Should I ask the consultancy to upgrade to premium?**Given everything, should I ask the consultancy to switch to premium processing so at least one petition is formally approved quickly before my grace period ends? Or does the pending petition alone provide enough protection?

 
I'm planning to consult an immigration attorney but wanted to get community input first given the urgency. Any advice from people who've been in similar situations is really appreciated.
Also, if anyone has contacts for a tried and tested immigration attorney with expertise in H-1B transfers, dual petitions, grace period situations, and H-4/EAD — please do forward me their contact. I'm in urgent need and would really appreciate a warm referral over a cold Google search. Thanks so much. 🙏