Maverick1986 Posted April 23, 2019 Report Share Posted April 23, 2019 (edited) My H1b and I-94 is valid until next year (2020) with my current employer “A”. My current employer "A" wants me to go back my country and come back 6 months later since they dont have any new available project/position. So i am trying to switch to a new employer "B". Could you please help answering following query? Can I resign from my current employer “A” and join new employer “B” based on new H1b Transfer petition receipt (i.e before final approval)? What happens if the H1B transfer petition with new employer “B” is denied? Do I get any grace period and what is its duration in which I have to leave the country? If there is any grace period then from when does the grace period gets calculated - i.e the day i resigned with Employer “A” or the day H1b transfer request with employer “B” got denied? Edited April 23, 2019 by Maverick1986 Quote Link to comment
pontevecchio Posted April 23, 2019 Report Share Posted April 23, 2019 1. Yes. 2. No. You would have leave ASAP after denial. 3. see 2. Quote Link to comment
Maverick1986 Posted April 24, 2019 Author Report Share Posted April 24, 2019 (edited) @pontevecchio - First of all thank you for the response. 1. However, could you please tell me does i-94 being valid until (next year 2020) has any cushion if my H1b Transfer gets denied? If interpret it correctly if I do not have a new job and I terminated or I resign then I get 60 days grace period to find a new employer (given i have a valid i94) 2. And what if there is another employer "C" who has applied for H1B transfer in the mean time and this petition is still in progress? 3. Also, is it better to go for premium processing for H1B transfer? My current employer "A" may ask to go back to my home country immediately and the H1b filing and approval even in premium may take longer. Edited April 24, 2019 by Maverick1986 language restructured and new query Quote Link to comment
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