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ds160h1b

H1B timeline/travel/offer letter signing question

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Hello,

 

I work with Company A and I'm negotiating an offer with Company B. Company B has agreed to file (transfer) my H1B. Not sure if they would do the premium processing but I'd like to know what is the average timeline through regular processing.

 

Also, they want me to sign the offer letter if all goes well and promised me that they will start with their H1B paperwork. I need to give my present employer a 30 day notice period. 
When should I sign my offer letter and when should I inform my present employer? 

 

1. Is it ok to sign the offer letter now and notify my present employer only after my h1b transfer is complete?

2. Or, is it advised to sign the offer letter only after I recieve my H1B approval? 
3. Alternately can I make employment process quicker by signing the new offer after the petition fee is deducted?

 

If I have to travel outside the US, when is the best time to do so? - After joining Company B or while at Company A? -- I have few days of PTO left with my present employer. Should I utilize those PTO days to go out of the country, that way I'm safe to travel since I've a stamped visa from the employer?

 

Thanks.

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1. it is ok to sign the offer letter now and notify present employer only after my h1b transfer is complete if your new company can wait that long.

2. Most companies need you to sign the offer letter before they spend the money for H1B approval? 
3. Not sure how you can  make employment process quicker by signing the new offer after the petition fee is deducted.

 

Best way to go forward is:

1. sign offer letter and ask for H-1B to be processed in premium.   You can pay the premium processing fee if new employer does not want to pay.

2. Give notice to current employer only after receiving approval notice of new H-1.

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3. Not sure how you can  make employment process quicker by signing the new offer after the petition fee is deducted.

 

 

Say, I sign the offer letter and the new employer starts the H1B processing. Instead of waiting until l get the approval notice and then inform my current employer, can I inform once I USCIS deducts the processing fee?

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Say, I sign the offer letter and the new employer starts the H1B processing. Instead of waiting until l get the approval notice and then inform my current employer, can I inform once I USCIS deducts the processing fee?

Yes. Once USCIS deducts processing fee they will issue receipt notice. Make sure you ask new employer for a copy of receipt notice or at least acknowledgement that he has received it. You can gice 2 weeks noticeafter that.

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If your notice period is 1 month, you need to serve it. You can give notice once the receipt is filed but you risk your status if the new H1B transfer ends up in RFE or gets rejected.  Please read my post in the below thread. That's how I did it. There is a slight risk involved.

 

http://forum.murthy.com/index.php?/topic/75088-serve-notice-period-to-old-employer-and-working-for-new-employer-after-h1b-transfer/

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You  do not have to give any notice period to employer if you need to join new  company immediately. Assuming your employment is " at will " you or your employer can terminate the employment at any time without any notice. giving notice is done for professional courtesy but they wont come after you if you leave.

YOU will risk your status if the new H1B transfer ends up in RFE or gets rejected.

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Thanks much for all the replies.

 

What about travel to countries outside US?

 

I have it stamped once and with the present scenario is it better for me to travel while I'm with Company A or after taking up the new offer with Company B (which means do I have to go through visa stamping one more time since its a new employer?)

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You do not have to go for visa stamping again until current visa expires. You can show new I -797 and old visa at POE.

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