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  • Resignation on L1

    Hi

    I am on L1b visa.i am planning to resign my company as i am jumping on to H1b visa with other employer.I was worried if my company doesn't accepts my resignation then what ? can they reject ? is there any law which would prevent me to resign or do you all see any legal complexities ?

    please reply

    capton

  • #2
    When you said that you are juming to another employer on H1B, what are trying to say here? Is your H1B petition already approved? If yes, was it as COS or consular process? What is the effective date of the petition? Any employment with the L1 employer after the H1B effective date (if it is a COS) is illegal and the L1 employer cannot force you to work for them.

    Originally posted by capton View Post
    Hi

    I am on L1b visa.i am planning to resign my company as i am jumping on to H1b visa with other employer.I was worried if my company doesn't accepts my resignation then what ? can they reject ? is there any law which would prevent me to resign or do you all see any legal complexities ?

    please reply

    capton
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      sorry for not mentioning details. H1B is still in process.Just was worrying if my company comes up with a reason to trouble me. I did not signed any contract when coming to US.

      Comment


      • #4
        Is the H1B filed as a COS or Consular process? Employment in U.S is at will basis. No one can force you to work for them.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H1B is filed as COS.

          Comment


          • #6
            Then irrespective of whether your L1 employer agrees or not, you have to start working for the H1B sponsor as of the H1B effective date. Any employment with the L1 employer after the H1B effective date will be considered illegal.

            Originally posted by capton View Post
            H1B is filed as COS.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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