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  • H1B transfer and resignation questions

    Hi,

    I am currently on a regular H1b visa working part time for Company A for 25-30 hours/week. I have a good offer from company B for a FULL TIME position and they are willing to transfer my H1. My questions are:

    1) Is the H-1B transfer process different for part-time to full-time compared to full time to full time?
    2) When can I submit resignation to Company A i.e. after what stage of visa transfer process, it is advisable to resign?

    3) Company A is a very small organisation and did not have any contract where notice period was mentioned. Is there a rule about how many days notice period should be given on H1b ? If I leave in few days or a week, can the company take any action?
    4) If company A refuses to pay me for time I work on notice period or earlier before I submit resignation, what can be done to get what is rightfully earned by me?
    5) Do we need relieving letter or experience letter at any stage of career or green card processing in U.S?

    Thanks in advance for your help.

  • #2
    1) Is the H-1B transfer process different for part-time to full-time compared to full time to full time?
    >>> No.

    2) When can I submit resignation to Company A i.e. after what stage of visa transfer process, it is advisable to resign?
    >>> After the H1B transfer gets approved.

    3) Company A is a very small organisation and did not have any contract where notice period was mentioned. Is there a rule about how many days notice period should be given on H1b ? If I leave in few days or a week, can the company take any action?
    >>> There is no such requirement. It is just a civil matter between you and your employer.

    4) If company A refuses to pay me for time I work on notice period or earlier before I submit resignation, what can be done to get what is rightfully earned by me?
    >>> You can file a complaint to DOL and make the employer pay.

    5) Do we need relieving letter or experience letter at any stage of career or green card processing in U.S?
    >>> Experience letter from the employer will help when you file the GC.
    Not a legal advice. Use of this information is strictly at your own risk.

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