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Anandh Madhavan

H1b Transfer is in Process, Consequences of Delaying in Resigning from Current Employer

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Hi All,

One of my Friend is employed with Company A, an american contracting company. He have his H1b valid, sponsored by Company A, till January 2021. He also have I-140 Approved as of May 2017. He have got a new job as a Full Time Employee, in Company B.


Company B, have initiated H1b transfer on Normal processing and have asked my friend to come and join based on FedEx Tracking #. He have joined in Company B by mid of February 2019. He is yet to resign from Company A. My friend is planning to resign from Company A, by the end of February 2019.



  1. Will this cause any legal troubles for him during the H1b Transfer process from Company A to Company B?
  2. Will this cause any legal troubles in the future, while he is applying for Green Card through Company B?
  3. My Friend's wife, who is holding a H4 and H4 EAD is currently in India, she is planning to come back to USA by 14th March. Would there be any problem for her at the Port of Entry, as my friend is fearing that Company A, can revoke his H1b (which is valid till January 2021) any moment, when he resigns.
Edited by Anandh Madhavan
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Why hasn't the "friend" resigned from company A considering he is working for B now? The previous employer should have revoked the H1b petition immediately following the departure. 

You've listed very specific details on the "friend", right down to "his" wife's travel plans. 

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