h1 transfer aftre resignation/layoff

[Nutan]

Hi all

I resigned my job on h1b with 3 months notice effective 20 july, but company told me to stop working early during resignation period on 31 may though i will be on payroll till 20 july, my original resignation date

i have found new employer and petition is going to be filed this month

my question is

1) do i have to go back to india to get fresh visa stamp

2) once i have petition in 2 weeks, can i wait in usa to start job in august as long as new petition is in hand

thanks, please help and advise

[raghvi]

Hi all

I resigned my job on h1b with 3 months notice effective 20 july, but company told me to stop working early during resignation period on 31 may though i will be on payroll till 20 july, my original resignation date

i have found new employer and petition is going to be filed this month

my question is

1) do i have to go back to india to get fresh visa stamp

2) once i have petition in 2 weeks, can i wait in usa to start job in august as long as new petition is in hand

thanks, please help and advise

1. Depends, if approved with new I94 you need not.
2. Yes, provided next employer is willing to wait.

This is my opinion not legal advice.

[Nutan]

thanks raghvi for your reply

[Nutan]

My new employer will file my petition next week, making it 3 weeks after leaving job

should I go to India in the meanwhile , what do you suggest?

[Nutan]

what do senior members suggest