Can I give notification to Employer A now ?

[kendallguy500]

I have started H1B transfer with Employer B in premium processing. They filed with USCIS today and asked me to give notice to Employer A about leaving job(2 weeks notice). They said they don't see any problems with my case being rejected.
Please note: My H1B amendment with Employer A is in process(regular) in the meantime which was applied 2 months back.
1.Is it safe to give notice now?
2. If Yes how do I handle this ?
3. Is there anything like mandatory 2 weeks notice or can I just give 1 week?

[shervin143]

1.Is it safe to give notice now?
>>> It is advisable to let the current employer know that you are quitting or even join the new employer only after the H1B transfer gets approved. Premium processing is suspended until the last week for July. In case your transfer goes into RFE or it gets denied, you have the backup of staying with the current employer. If you quit now and if the transfer gets denied, you will be in trouble. Advisable to play it safe. However, you are allowed to join the new employer after you receive the receipt notice for the transfer.

2. If Yes how do I handle this?
>>> You can give the notice now and join the new employer after receiving the receipt notice. If the transfer gets approved you are good. If not, you will be in trouble. Whether to take the gamble or not is up to you.

3. Is there anything like mandatory 2 weeks notice or can I just give 1 week?
>>> That depends on your terms with your current employer. Did you sign any documents with them? What does the offer letter say? 2 weeks notice is usually required for a smooth transition. It is better to leave the current job with good terms. You need the experience letter from them for future immigration petitions.

[kendallguy500]

Hello Shervin143
Thanks for your inputs.
My attorney says PP for H1B transfer without extension is available. I see few posts from people saying that PP for H1B transfer is available now.

Also I have a question
1.How long does it take to get the receipt number ?(Not the actual receipt notice but just the number)
2.If I get the receipt number does that mean the USCIS have accepted my application for Premium processing ?

[shervin143]

My attorney says PP for H1B transfer without extension is available. I see few posts from people saying that PP for H1B transfer is available now.
>>> I am not sure what they mean by H1B transfer without extension. Let us say you have a H1B petition valid for 2 years from employer A. This petition was approved for 2 years because employer A was able to show work (SOW in case of a consultancy company) for 2 years. While employer B is filing a transfer, they don't just by default get that 2 years on their petition just because you have 2 years on employer A's approval notice. The transfer is approved only till the date employer B is able to prove that they have work. It could be 3 years or just few months.

Premium processing is available if the petition is filed for consular processing or when the H1B is amended without exetnsion. I am not sure if it is available for transfer. Check the below link.

http://www.uscis.gov/news/alerts/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions

1.How long does it take to get the receipt number ?(Not the actual receipt notice but just the number)
>>> If filed via normal processing, you will only get to know the receipt number once you receive the actual hard copy of the receipt notice in hand.
If filed in premium and if USCIS accepts the petition in premium, then your company attorney will receive an email containing the soft copy of the receipt notice. Hard copy of the receipt notice will follow later in mail.

2.If I get the receipt number does that mean the USCIS have accepted my application for Premium processing ?
>>> Nope. Receipt number just confirms that USCIS has received your documents. Your receipt notice is the one that states if they petition is accepted in premium or not. If they cash the premium processing check, then that is also an indication that they have accepted your case under PP.