H1B transfer question....urgent

[victory]

Hi,

I am working with Employer A on a H1b which is valid till 2011. I am in the process of changing jobs.

Employer B just received the LCA and is asking me to join them next week.

What is the best time to resign from the old company? Should I wait till the transfer to approve or should I resign as soon as the transfer receipt?

Appreciate your suggestions...

Thanks,
Victory

[shervin143]

You can legally start working with employer B as soon as the transfer is filed (with just the receipt). However it is advisable to wait till the approval. That way, incase the transfer gets denied, you can stick to your current employer.

[victory]

Thanks for the quick reply.

Employer B is going to file for H1b transfer under premium process in 1-2 days and he wants me to go for a Canada business visa right away (coming monday) and also travel to Canada by 30Nov.

I am confused and am not sure if this is legally correct.

Quick suggestions appreciated....

Thanks,
Victory

[shervin143]

Once the transfer petition is filed, you can legally work for your new employer. I don't know much about the requirements for the Canadian business visa. I hope the transfer receipt (If asked) is enough to apply for a Canadian business through the new employer. However, it is not advisable to travel abroad when your H1B transfer is in process. It is safe to travel after receiving your approval notice (that comes with a new I-94).

Thanks for the quick reply.

Employer B is going to file for H1b transfer under premium process in 1-2 days and he wants me to go for a Canada business visa right away (coming monday) and also travel to Canada by 30Nov.

I am confused and am not sure if this is legally correct.

Quick suggestions appreciated....

Thanks,
Victory