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rohit180387

H1-B transfer, another question

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Experts.

 

I work full time for a company on H1-B and am planning to switch companies, my company needs me to give them two weeks notice. I will only give the notice, once I get a receipt back from USCIS for second company.

 

My question is that once I give the notice, I still will be working for for current company for two weeks, can they cancel my visa before two weeks. If they do, will I be out of status for those two weeks? What is the solution in for this assuming the worst?

 

Thanks again.

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It is not wise to join new employee with receipt notice. If new employer's H1B petition is denied what will you do?

Having said that as long as you get a receipt notice from USCIS you are fine even if current employer revokes your H1B petition.

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Experts.

 

I work full time for a company on H1-B and am planning to switch companies, my company needs me to give them two weeks notice. I will only give the notice, once I get a receipt back from USCIS for second company.

 

My question is that once I give the notice, I still will be working for for current company for two weeks, can they cancel my visa before two weeks. If they do, will I be out of status for those two weeks? What is the solution in for this assuming the worst?

 

Thanks again.

 

They will generally not do that. But in principle they can withdraw their petition at any time and terminate you. If they terminate you, they will have to pay for your ticket to home country. If their is a 2 week notice clause in your contract, is it applicable to them as well? If so, they cannot just terminate you without notice. Also, if 2 week notice is just a policy and not really a contract, it is not binding to you. But, you should follow it in order to keep good relationships. Two weeks is quite reasonable. You can also immediately join the new employer if this one terminates you, based on the receipt notice. Since petition has been filed before last day of work, you will not out of status in any case.

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I think to start working at second company only just on receipt is little risky. What if the transfer is denied ? In that case you already left the first employer and now you can't work for your second company then you will be out of status.SO i will suggest to wait until you get approval notice for trasfer unless you are 100% sure that H1 transfer will be approved without any issues.

 

Talking about your main question that can they cancel my visa before two weeks?

Ans Is Yes they can but if you already have the receipt for h1-B trasfer then it should not matter to you.You will be in status.

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