Resigning from Old Job after getting visa stamped for new employer

[Laxyroadie]

Hello,

Happy New Year,

I currently work for Employer A with a valid petition till June 2019 but my visa stamp had expired in Oct 2018.Now I have job offer from Employer B and they are going to file my H1b petition under premium processing.Because of personal reason I need to travel to India as soon as possible.My question is whether I can resign from my present employer after coming back from India with my h1b stamped based on a petition from my new employer.Please help.

Thanks.

[Laxyroadie]

18 hours ago, Laxyroadie said:

Hello,

Happy New Year,

I currently work for Employer A with a valid petition till June 2019 but my visa stamp had expired in Oct 2018.Now I have job offer from Employer B and they are going to file my H1b petition under premium processing.Because of personal reason I need to travel to India as soon as possible.My question is whether I can resign from my present employer after coming back from India after getting my  h1b stamped based on a petition from my New Employer B.Since my Employer A has policy of 2 weeks of resignation notice and I cant wait till that time to fly to India.

Please help.

Thanks

 

[NotAnAttorney]

There is no premium processing currently available; so you will need to consider that to plan well for your situation.

[Laxyroadie]

On 1/1/2019 at 9:17 PM, Laxyroadie said:

Hello,

Happy New Year,

I currently work for Employer A with a valid petition till June 2019 but my visa stamp had expired in Oct 2018.Now I have job offer from Employer B and they are going to file my H1b petition under premium processing.Because of personal reason I need to travel to India as soon as possible.My question is whether I can resign from my present employer after coming back from India after getting my  h1b stamped based on a petition from my New Employer B.Since my Employer A has policy of 2 weeks of resignation notice and I cant wait till that time to fly to India.

Please help.

Thanks

Employer B is a not for profit company so they will file my h1b under non cap category. I thought premium processing is still open for non cap companies. 

Let me know whether I can resign by giving 2 weeks notice  in that situation after getting my visa stamped based on the petition filed by Employer B.

Thanks,