H1B Resignation and Transfer

[dhivya123]

Hi,

I work for comp A in the US on H1B and I have valid I94 till Sep 2014. Meanwhile I got an offer from company B. They have filed the LCA on Aug 19. I hope they should have got the approved LCA already or getting it by next week. My new employer told me that they will be filing the petition with USCIS once they get the LCA with premium processing. Meanwhile, I have sent resignation letter to my current company and have given a notice period for 2 weeks. I have some questions.

1. If my current employer wants to revoke the petition, when can they do that? Will they be doing it only after my resignation date?

2. If my new employer files the petition next week, I should not have any problem even if my current employer revokes the petition. Is it correct?

3. Also if I have 2-3 days gap between my last date with current employer before I join the new company, what will be my H1B status during that period? Am I allowed to take that gap. or should I join the next day after my last day with the current employer

Please clarify.

[Nattybone]

Hi,

I work for comp A in the US on H1B and I have valid I94 till Sep 2014. Meanwhile I got an offer from company B. They have filed the LCA on Aug 19. I hope they should have got the approved LCA already or getting it by next week. My new employer told me that they will be filing the petition with USCIS once they get the LCA with premium processing. Meanwhile, I have sent resignation letter to my current company and have given a notice period for 2 weeks. I have some questions.

1. If my current employer wants to revoke the petition, when can they do that? Will they be doing it only after my resignation date?

2. If my new employer files the petition next week, I should not have any problem even if my current employer revokes the petition. Is it correct?

3. Also if I have 2-3 days gap between my last date with current employer before I join the new company, what will be my H1B status during that period? Am I allowed to take that gap. or should I join the next day after my last day with the current employer

Please clarify.

Hello, Dhivya.

Your H1B has not been filed yet (if you have just got LCA clearance or about to get it), in such a scenario i, personally, would not have resigned. Atleast, one should wait till the H1B transfer acknowledgement is received from USCIS before putting in his/her papers.

1) Your current employer can at anytime revoke your visa. If they do it before your H1B transfer petition is filed, you are in trouble. You will be immediately Out of Status.
2) After you receive the acknowledgement for transfer petition, you are ok. Not before.
3) From my personal experience, please do not let even a single day's gap in your employment when you are on H1B. People will say whatever, it is your visa. Any employment gap (even 1 day gap) in H1B visa is considered as being Out of Status. I would be very careful with it.

Hope this helps. I am sorry if i alarmed you.

Wishing you luck.

Cheers,

[dhivya123]

Hi Nattybone,

Thanks for your response.

If they can revoke the petition at anytime, I can't work with them as well right? Is my understanding correct? I am sure they are not going to terminate me until my notice period ends.

Hello, Dhivya.

Your H1B has not been filed yet (if you have just got LCA clearance or about to get it), in such a scenario i, personally, would not have resigned. Atleast, one should wait till the H1B transfer acknowledgement is received from USCIS before putting in his/her papers.

1) Your current employer can at anytime revoke your visa. If they do it before your H1B transfer petition is filed, you are in trouble. You will be immediately Out of Status.
2) After you receive the acknowledgement for transfer petition, you are ok. Not before.
3) From my personal experience, please do not let even a single day's gap in your employment when you are on H1B. People will say whatever, it is your visa. Any employment gap (even 1 day gap) in H1B visa is considered as being Out of Status. I would be very careful with it.

Hope this helps. I am sorry if i alarmed you.

Wishing you luck.

Cheers,

[Nattybone]

Hi Nattybone,

Thanks for your response.

If they can revoke the petition at anytime, I can't work with them as well right? Is my understanding correct? I am sure they are not going to terminate me until my notice period ends.

Hello, Dhivya.

You cannot work anywhere, legally that is, if you are Out of Status. Good Luck to you.

Cheers,

[kcrever]

H1B Resignation and Transfer

Hi,

I'm in a similar situation. The new employer B filed LCA and received certification. Then they filed H1B transfer petition and we are waiting for the receipt.

To be safe should I not resign from my current position A prior this receipt will be received by the lawyer B, OR even after the actual transfer is completed? The latter could cover the unlucky event that the transfer were denied.

Moreover, when I resign and provide my last day, should I not leave any gap between the 2 jobs? Supposedly should I have my last day with employer A on Friday and first day with employer B on Monday? I still need to fly between one location and another...

Thank you for your help!

[kcrever]

Hi,

I'm in a similar situation. The new employer B filed LCA and received certification. Then they filed H1B transfer petition and we are waiting for the receipt.

To be safe should I not resign from my current position A prior this receipt will be received by the lawyer B, OR even after the actual transfer is completed? The latter could cover the unlucky event that the transfer were denied.

Moreover, when I resign and provide my last day, should I not leave any gap between the 2 jobs? Supposedly should I have my last day with employer A on Friday and first day with employer B on Monday? I still need to fly between one location and another...

Thank you for your help!