H1B transfer - informing current employer

[maxxx]

Hi,
When can I inform my current employer about my H1B transfer. I need to inform him before my transfer is approved as I will get a client letter only after I start working at my new company.
Plus I have a personal reason because of which I really need to give my current employer a proper 2 week's notice?

Officially, I have 3 weeks time to join the new company. I will also like to travel to India for a week in this time if at all possible. Can somebody please suggest me the best possible route?

Thanks in advance,
Bhavik

[happybuddha]

Hi,
When can I inform my current employer about my H1B transfer. I need to inform him before my transfer is approved as I will get a client letter only after I start working at my new company.
Plus I have a personal reason because of which I really need to give my current employer a proper 2 week's notice?

Officially, I have 3 weeks time to join the new company. I will also like to travel to India for a week in this time if at all possible. Can somebody please suggest me the best possible route?

Thanks in advance,
Bhavik

The safest route is
1) Get your H1B transferred
2) Get an email from your future company (or their attorney) confirming the approval. Ask them to forward the email from USCIS if you cannot check the status of your transfer online. Make sure the LCA is in place
3) Resign and serve required notice period.
4) Join the future company.

[maxxx]

Thanks again HappyBudha,

Unfortunately I have put myself in such a position that I have to join the new company by Sept 4th. And the employment of my cousin in my current company is dependent on me leaving asap. And to make matters interesting , she is on dependant visa and this may be her only chance to get an employment (she'll start on a volunteer basis).

[happybuddha]

Thanks again HappyBudha,

Unfortunately I have put myself in such a position that I have to join the new company by Sept 4th. And the employment of my cousin in my current company is dependent on me leaving asap. And to make matters interesting , she is on dependant visa and this may be her only chance to get an employment (she'll start on a volunteer basis).

Out of my experience, there never really is anything like 'the only chance'.
Anyway, so what is your exact question ?
Although I do not fully know how somebody else'e employment will be dependent on yours, a few points : An H1 is considered 'transferred' only when the H1 is actually transferred.
Many people typically start working on notice of receipt (which is nothing but just a fedex receipt saying your papers have reached USCIS). This is highly unadvisable, since if your transfer is denied then you are out of status and will have to leave the country. How long it takes for the transfer ? Depends on if the transfer was filed under premium or not. 11/4 is still 2+ weeks away. I am sure something will work out.
edit : I think no one will advice you get into a situation where you and your dependent are in a troublesome situation. Remember, if you go out of status, your dependent' automatically have to leave along with you.

[maxxx]

Thanks!

Thanks everyone for your replies.
I ended up taking the less risky, and honest route. Informed my old company of my new job; requested them to hold off the H1B cancellation before I get my new visa approved and fortunately they did; Applied for my new H1b transfer few days before my last day in the old company just so the request is received before hand.

My cousin is getting my position in the old company; thats how her employment was dependent on me. In the end, took the legal, honest route, everything worked out and left my old company on a good note. Got my H1B transfer approved. Only thing, I'll had to postpone my india visit and will have to go for stamping which anyways I would have had to get done sooner or later.

[happybuddha]

Thanks everyone for your replies.
I ended up taking the less risky, and honest route. Informed my old company of my new job; requested them to hold off the H1B cancellation before I get my new visa approved and fortunately they did; Applied for my new H1b transfer few days before my last day in the old company just so the request is received before hand.

My cousin is getting my position in the old company; thats how her employment was dependent on me. In the end, took the legal, honest route, everything worked out and left my old company on a good note. Got my H1B transfer approved. Only thing, I'll had to postpone my india visit and will have to go for stamping which anyways I would have had to get done sooner or later.

Fantastic. Glad immihelp was of help to you. Always good to hear back from people who were helped, most dont bother to reply.

Cheers,