H1b transfer, when to resign

[MrSedona]

Currently on H1b visa expires June 30 2012 with a marriage to USC based AOS pending, AP and EAD still pending.

My current employer has filed for an extension for 6/30/2012 to 7/1/2012 and I have accepted an offer from another employer that will file an H1b extension petition before the June 30 2012 expiry. The start date with the new employer is Aug. 1, 2012. Since we will be relocating to a different state, when would be a safe date for me to resign from my current employer?

I've searched online, wanted other opinions. TIA!

[tux78]

I think with H-1b you cannot have a gap in the employment if you stay in the county. So if you stop the current employment on 06/30/2012, you will have to start the new job on 07/01/2012. Otherwise, you will have to leave the country for a month and come back again. it is always safer to resign with the h1b approval in hand. I would suggest you consult a lawyer for professional advice.

[MrSedona]

To clarify once I have the transfer receipt: Can I resign from my current employer 1 or 2 weeks before start date with new employer?

[pontevecchio]

Firstly you have a pending AOS based on Marriage to an American Citizen. Hence any infractions will be forgiven. Secondly even if you stop working today you will not fall out of status.