H1-B Exit notice


KarankiV

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Hi

I am a permanent employee with Company A joined in USA.

I am planning to switch to Organization B, I wanted to know what would be the minimum notice period that I need to give to Company A? as my new employer wants me to join on a short notice!

I verified my offer letter given by Company A and it says its offer at-will and there is nothing mentioned about notice period on exit.

please help me.

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In US, employment is at-will. at-will is represented as something that can be done at anytime. Generally, people provide 2 week notice as a courtesy. However, there is no obligation for the employer to provide you a detailed experience letter. If Company A recruited you from abroad, there is a chance that they may not provide you an experience letter or similar letter in future for your GC processing. Just check on this aspect from previous employees. An experience letter signed on company letter head is quite useful for responding to I-140.

I gave a notice period of about 1.5 months by taking a risk when my H-1B with the new employer was still getting processed. However, it was way back in 2014. I would not recommend it now given that premium processing had been suspended and that there is an increase in RFEs and denials.  Always, wait for your H-1B approval copy and give proper notice (at least 2 weeks) if you are not subjected to any other notice like 2+ months.

and always consult a lawyer

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