Query About H1 Transfer....

[sonofagun]

Hello All,

I currently work for Company A on an H1-B Visa. Now i was for better opportunities. And I found one and will be finalized within a a 1.5 weeks. But yesterday I heard from a colleague of mine, that our company has stopped resignations while on deputation in the US. Employees, if they resign while on deputation, will have to go back to their home country and then service out the notice period. Unethical as it may sound... its true. So had a few questions...

1. What happens to the H1-B status once i submit my paper?
2. What happens if the new company initiates the Visa transfer and then I resign and go back to home country to serve the notice period?
3. Do i have any options here?

[kabkaba]

In the US employment is at will. There is no notice period or any such requirement in general. If you have signed any contract with your company it can be enforced, but otherwise they cannot do anything to hold you with them. They can of course withhold experience letter or any such formalities but they cannot withhold any pay for actual worked period. They can sue you for breach of contract if there is any existing contract.

Your ability to have a cap-exempt petition (transfer) has nothing to do with the above, you are eligible no matter what. In order to get the transfer approved with new I-94, the transfer must be filed before your last day at work (USCIS receipt date before last day at work). In addition, if you are not confident about the new company getting approved petition (especially in case of consulting company), it is better to wait for the approval before leaving the current employer. Decision can be expedited by premium processing.

[sonofagun]

Well there is no contract/agreement. Its just introduced a new "company policy" to cut losses i think. Even i would think that actions taken by the company would be nothing more than withholding of experience letters and all that.

So I should wait for the offer letter from the new company and sign it and get a copy of the receipt of the H1 transfer and then go back home, serve the notice period and come back when the H1 Visa is transferred and a new LCA is done?

[kabkaba]

You don't have to go back home unless you want to end relations with A on good terms.