H1B job change and resignation based on LCA filed

[eb3guy]

Hi Folks,

After several tough interview rounds, I have landed a great job with the end client. I am transferring my H1B from company A to a desi consultant, B. The desi consultant B, wants me to resign and give notice period to my current employer A, the day they (desi company B) file the LCA. They informed me that LCA will get approved in 5 -7 days and then they will file I-129 for H1B transfer and that I am eligible to work for them once USCIS receives the transfer request. This way, I can meet my 2 week notice period obligation with my current employer and join the end client , who has asked me to Join on Aug 3, 2015.

I do not have the luxury to wait for H1b approval as the end client is firm with the join date of Aug 3, 2015.

Should I take a leap of faith and resign the day the desi files the LCA? Or is the risk just not worth it ? I am losing considerable sleep and peace of mind due to the pressure from all sides (end client and desi company B).

Given the fact that I cannot wait for H1b approval, when is the best time that I should put in my resignation with my current employer ?

-- Thanks for any advice

[raghvi]

Hi Folks,

After several tough interview rounds, I have landed a great job with the end client. I am transferring my H1B from company A to a desi consultant, B. The desi consultant B, wants me to resign and give notice period to my current employer A, the day they (desi company B) file the LCA. They informed me that LCA will get approved in 5 -7 days and then they will file I-129 for H1B transfer and that I am eligible to work for them once USCIS receives the transfer request. This way, I can meet my 2 week notice period obligation with my current employer and join the end client , who has asked me to Join on Aug 3, 2015.

I do not have the luxury to wait for H1b approval as the end client is firm with the join date of Aug 3, 2015.

Should I take a leap of faith and resign the day the desi files the LCA? Or is the risk just not worth it ? I am losing considerable sleep and peace of mind due to the pressure from all sides (end client and desi company B).

Given the fact that I cannot wait for H1b approval, when is the best time that I should put in my resignation with my current employer ?

-- Thanks for any advice

It is not recommended. See if the B's H1 petition gets rejected they will lose you, may be temporarily, but you on the other hand would have to leave US as your immigrant status would be lost. So the risk is higher on your side.

This is my opinion not legal advice.