H1B Transfer:: previous employer creating problems

[abhi.patson]

Hello,

I am working with the Consulting company (A) on H1B visa since October 2015. Now i got a better offer and want to switch to new company(B). B has filed and received receipt for H! transfer. Company A employer is creating problem in my resignation, i have below questions

1. When i sent my resignation email stating i am serving the notice, and am leaving after serving the notice period. His reply to my email was " This is not acceptable"
What can i do, if he does not accept my resignation? I doubt he is playing delay tactics and may be couple weeks he will accept it and say your notice period starts now, hence i end up trapped for month, and my new company B may not wait that long.

2. I am leaving my current employer A in 3 months, can there be any possibility of proving Intent to Fraud on my side?

3. Does USCIS care, after filing/approval of H1B from A, how soon i leave Employer A. leaving in three month will create a problem?

Thanks in advance for the advice.

[shervin143]

1. When i sent my resignation email stating i am serving the notice, and am leaving after serving the notice period. His reply to my email was " This is not acceptable"
What can i do, if he does not accept my resignation? I doubt he is playing delay tactics and may be couple weeks he will accept it and say your notice period starts now, hence i end up trapped for month, and my new company B may not wait that long.
>>> Employment in U.S is at-will basis. Once your send an email stating that you would like to quite, your notice period starts from that date. Keep copies of the emails sent to prove that. Once the notice period is over, you can quite and join the new employer.

2. I am leaving my current employer A in 3 months, can there be any possibility of proving Intent to Fraud on my side?
>>> Well, did you commit any fraud?

3. Does USCIS care, after filing/approval of H1B from A, how soon i leave Employer A. leaving in three month will create a problem?
>>> They don't care.

[abhi.patson]

1. When i sent my resignation email stating i am serving the notice, and am leaving after serving the notice period. His reply to my email was " This is not acceptable"
What can i do, if he does not accept my resignation? I doubt he is playing delay tactics and may be couple weeks he will accept it and say your notice period starts now, hence i end up trapped for month, and my new company B may not wait that long.
>>> Employment in U.S is at-will basis. Once your send an email stating that you would like to quite, your notice period starts from that date. Keep copies of the emails sent to prove that. Once the notice period is over, you can quite and join the new employer.

2. I am leaving my current employer A in 3 months, can there be any possibility of proving Intent to Fraud on my side?
>>> Well, did you commit any fraud?

3. Does USCIS care, after filing/approval of H1B from A, how soon i leave Employer A. leaving in three month will create a problem?
>>> They don't care.

for point 2, no i did not commit any fraud, but employer is accusing,"i was on his H1B visa for very short duration, that can be seen as intend to fraud". As he filed my H1B visa, when i was on F1. so can it be viewed as i got H1B visa from employer A and once i got it, i am leaving, can this be considered as intent to fraud??

[shervin143]

Nope. That is not considered to be a fraud.

for point 2, no i did not commit any fraud, but employer is accusing,"i was on his H1B visa for very short duration, that can be seen as intend to fraud". As he filed my H1B visa, when i was on F1. so can it be viewed as i got H1B visa from employer A and once i got it, i am leaving, can this be considered as intent to fraud??

[abhi.patson]

Nope. That is not considered to be a fraud.

Thank you Shervin