Is it safe to drop paper(notice) without transfering H1 to New Employer

[kb0033319]

Hi,

I am on H1-B Visa and working in company A and want to change job with new employer company B but company B doesn't want to start H1 transfer (or filing new petition) before I drop paper in company A. Company B is ready to give offer letter and asking to drop paper in company A based on offer letter. Company B is not ready to start H1 transfer without dropping paper in company A, company B is saying that at the most they can prepare UPS package with all documents that is require for transfer and provide me with UPS tracking number but on the very same day of getting the UPS tracking number i need to drop papers in my current company A without waiting even for delivery of package to USCIS.

My questions are:-
1. Can i drop paper in company A based on new offer letter from company B?
2. Is it Legal to join Company B just with offer letter when i am on H1B visa with company A?
3. is it safe to drop paper only based on UPS tracking number of the package even before getting confirmation that UPS package has been delivered to USCIS?
4. Should i wait for USCIS receipt number or i am good based on UPS package delivery to USCIS?
5. Should i go for Normal or Premium processing for H1B transfer. Which process is more safer to get approval. Please suggest?

Please help me. Its URGENT!!

[raghvi]

Hi,

I am on H1-B Visa and working in company A and want to change job with new employer company B but company B doesn't want to start H1 transfer (or filing new petition) before I drop paper in company A. Company B is ready to give offer letter and asking to drop paper in company A based on offer letter. Company B is not ready to start H1 transfer without dropping paper in company A, company B is saying that at the most they can prepare UPS package with all documents that is require for transfer and provide me with UPS tracking number but on the very same day of getting the UPS tracking number i need to drop papers in my current company A without waiting even for delivery of package to USCIS.

My questions are:-
1. Can i drop paper in company A based on new offer letter from company B?
2. Is it Legal to join Company B just with offer letter when i am on H1B visa with company A?
3. is it safe to drop paper only based on UPS tracking number of the package even before getting confirmation that UPS package has been delivered to USCIS?
4. Should i wait for USCIS receipt number or i am good based on UPS package delivery to USCIS?
5. Should i go for Normal or Premium processing for H1B transfer. Which process is more safer to get approval. Please suggest?

Please help me. Its URGENT!!

I wouldnt say it is safe. What would happen if USCIS refuses B's petition you would immediately go out of status and would eventually have to leave. So not advisable to take the risk. If it is a very large company am sure they can afford to take a risk on you not joining even if done all the paperwork. Have the filed LCA at least?

1. You can but unless you are absolutely sure don't risk it.
2. Employment is at will but the least you would need is a receipt notice.
3. I wouldnt say that it is safe.
4. Not even the receipt, I think you should wait for the approval notice.
5. If you are really in a hurry to join go for premium processing.

This is my opinion not legal advice.
2.

[kb0033319]

hi,

i am on h1-b visa and working in company a and want to change job with new employer company b but company b doesn't want to start h1 transfer (or filing new petition) before i drop paper in company a. Company b is ready to give offer letter and asking to drop paper in company a based on offer letter. Company b is not ready to start h1 transfer without dropping paper in company a, company b is saying that at the most they can prepare ups package with all documents that is require for transfer and provide me with ups tracking number but on the very same day of getting the ups tracking number i need to drop papers in my current company a without waiting even for delivery of package to uscis.

My questions are:-
1. Can i drop paper in company a based on new offer letter from company b?
2. Is it legal to join company b just with offer letter when i am on h1b visa with company a?
3. Is it safe to drop paper only based on ups tracking number of the package even before getting confirmation that ups package has been delivered to uscis?
4. Should i wait for uscis receipt number or i am good based on ups package delivery to uscis?
5. Should i go for normal or premium processing for h1b transfer. Which process is more safer to get approval. Please suggest?

Please help me. Its urgent!!

t

[kb0033319]

I wouldnt say it is safe. What would happen if USCIS refuses B's petition you would immediately go out of status and would eventually have to leave. So not advisable to take the risk. If it is a very large company am sure they can afford to take a risk on you not joining even if done all the paperwork. Have the filed LCA at least?

1. You can but unless you are absolutely sure don't risk it.
2. Employment is at will but the least you would need is a receipt notice.
3. I wouldnt say that it is safe.
4. Not even the receipt, I think you should wait for the approval notice.
5. If you are really in a hurry to join go for premium processing.

This is my opinion not legal advice.
2.

Thanks a lot for your quick response.

Company B hasnt started on the transfer process. Please let me know if Company B files LCA before H1 transfer, then is it advisable to go ahead. Do we need to have LCA and transfer both approvals to join new company?