H1B Visa Transfer -- When to resign

[iGamer]

I see there are many threads around, but my situation is not mentioned in any of them.
Please excuse for starting another thread.


I am currently on H1B Visa with Employer A with a Valid VISA until Sep 2016[PERM not yet started, 6 years of H1B to complete by Sep 2018].
I have got a job offer from Employer B, who has supposedly started the H1B transfer process.

1. What are the Stages in a H1B transfer Process?
2. At what stage can the H1B Transfer be converted to Premium Processing?
3. My Employer B wants me to join ASAP, and has informed me that, I could give me 2 week Notice as soon as LCA approval is received.
This is going to be even before any receipt number is generated. However, I am worried since all Blogs suggest Resignation only after a receipt number.
4. When can be the best time to resign with my Employer A giving my 2 week Notice.

Appreciate all the replies and help in this regard.

[raghvi]

I see there are many threads around, but my situation is not mentioned in any of them.
Please excuse for starting another thread.


I am currently on H1B Visa with Employer A with a Valid VISA until Sep 2016[PERM not yet started, 6 years of H1B to complete by Sep 2018].
I have got a job offer from Employer B, who has supposedly started the H1B transfer process.

1. What are the Stages in a H1B transfer Process?
2. At what stage can the H1B Transfer be converted to Premium Processing?
3. My Employer B wants me to join ASAP, and has informed me that, I could give me 2 week Notice as soon as LCA approval is received.
This is going to be even before any receipt number is generated. However, I am worried since all Blogs suggest Resignation only after a receipt number.
4. When can be the best time to resign with my Employer A giving my 2 week Notice.

Appreciate all the replies and help in this regard.

1. LCA approval then I129 which when approved gets you a I797 with a new I-94 number.
2. At the I129 stage.
3. I would not recommend joining merely with receipt number, if you join and for some reason (lack of client letter/SOW etc) the H1 is rejected or approved as consular process(without I-94) then you would go out of status and would have to leave US.
4. I would recommend having a new petition effective date 2 weeks from your last working date.So, lets say you put in the new company h1 effective date as 30-May-2016 in the I129 application, and apply that as premium and file it on 01-May-2016, then by 16-May-2016 you would come to know the decision, if RFE then dont resign, if approved(with new I-94) then you can resign on that day (16-May-2016) giving your last Work day at A as 27-May-2016 and join B on 30-May-2016.


This is my opinion not legal advice.