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How safe to resign the current employer without H1B transfer initiated

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  • How safe to resign the current employer without H1B transfer initiated

    Hi,

    How safe to resign the current employer without H1B transfer initiated to the new employer.

    If they file H1B transfer in premium, then with petition ID is it safe point to go ahead with resign process..?

    Please advise.

    What kind of hold/control will current employer have..?

  • #2
    You can join the new employer once you receive the H1B transfer receipt notice. If you quit before that and if the current employer terminates you immediately, you will go out of status on H1B. If you join the new employer on their receipt notice without waiting for the actual approval and if the transfer gets denied, you will have no option other than to leave U.S. Current employer has no hold whatsoever as long as you quit after the transfer is filed.
    Last edited by shervin143; 08-13-2015, 12:35 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      The new employer should at least have receipt notice before your last day at work, otherwise you would be out of status. It is better to have approval in hand.
      This is my opinion and not legal advice.

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