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  • H1B transfer

    Hi All - I got a job whose joining date is 3 weeks from now, I have filed LCA for H1B transfer on last Thursday 8/5/10. I'm expecting it to be approved by 8/11 or 8/12. I'm going to do a premium processing.I will have roughly 15-16 days for H1B transfer approval. I need to give 2 weeks notice at my current work place meaning by 8/15 I have to give notice.But by that I would have just filed H1B transfer with the new company. My current company will cancel my H1B at the end of my notice period no matter what.I'm not sure which way to go.

    1)If I go by giving notice I will loose my current H1B by the time I join the new company, If everything goes well I will have H1B transfered otherwise I wont be able to go back.
    2)If I dont give notice I may loose some pay and may burn some bridges.

    Pls note: I dont have client or vendor letter for the transfer, I just have PO and I'm planning to file H1B transfer with the PO.

    I'm not sure what to do as this is my first transfer and any experiences you can share is highly apreciated.

    Thanks

  • #2
    Advisable to wait until the H1B transfer goes through successfully. If the transfer is successful, then ask for 2 weeks to join the new company. In the mean time, you can serve your notice period at the current company. If the transfer is denied, then you can continue to work for the current employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Advisable to wait until the H1B transfer goes through successfully. If the transfer is successful, then ask for 2 weeks to join the new company. In the mean time, you can serve your notice period at the current company. If the transfer is denied, then you can continue to work for the current employer.

      Thanks for the reply. The new companys client wont be able to wait more than 3 weeks.I tried extend it for more than 3 weeks but couldn't.

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      • #4
        In that case what you would be doing is taking a rish. If the H1B transfer goes through, then you are fine. Otherwise, you cannot continue with the new employer and you would have already quit the previous employer. In such case, you will end up returning back to your home country.
        Not a legal advice. Use of this information is strictly at your own risk.

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