H1-B transfer Urgent Please

[Rajender025]

Hi All,

I need a suggestion regarding my H1B Transfer. I am currently employed with Company A. I have a agreement with my present employer (Company A) to give a notice period of 4 weeks before leaving Company A and My Company B has started my transfer process and it take 2 months which would be probably in the mid week of June if i give the notice period of 4 weeks i will be without any employer for 1 month . So what would be my situation for that 1 month without any employer ?

Thanks

China

[Academich1]

Hi You can start working for company B soon as you get a receipt notice .

Provide a 4 weeks notice to company A. and you can join company B soon as you leave A.

Regards

.

Hi All,

I need a suggestion regarding my H1B Transfer. I am currently employed with Company A. I have a agreement with my present employer (Company A) to give a notice period of 4 weeks before leaving Company A and My Company B has started my transfer process and it take 2 months which would be probably in the mid week of June if i give the notice period of 4 weeks i will be without any employer for 1 month . So what would be my situation for that 1 month without any employer ?

Thanks

China

[Attorney_22]

There is no grace period for H1B. Therefore, any periods you are not working pursuant to the terms of an approved H1B petition you may be in violation of your status (with limited exceptions). Therefore, it is advisable to speak directly with a qualified U.S. immigration attorney prior to proceeding with any course of action.

[wiweq]

Hi All,

I need a suggestion regarding my H1B Transfer. I am currently employed with Company A. I have a agreement with my present employer (Company A) to give a notice period of 4 weeks before leaving Company A and My Company B has started my transfer process and it take 2 months which would be probably in the mid week of June if i give the notice period of 4 weeks i will be without any employer for 1 month . So what would be my situation for that 1 month without any employer ?

Thanks

China

Check with the state law. Most of the states have "jobs at will". In this case, there is no meaning of 4 weeks’ notice. This is against the law, illegal. Once you leave the job, you should report to local DOL and ICE at ice.gov (because you are on H1b).

Best bet: Ask new employer to do your H1b in PP. Once approved, join the employer. NEVER join the new employer on receipt or before approval.

[priyankaprim2]

Hi All,

Currently My new company is porting my H1b from my previous employer. They just received The LCA approval . How long does it take for the H1 B transfer approval. In other words when can i join the new company.

Thanks

[t75]

If he has a contract for 4 weeks notice, he should be prepared to honor it.

[wiweq]

"If he has a contract for 4 weeks notice, he should be prepared to honor it. "

=> If the state law says "jobs are at will". This illegal contract has no meaning. No matter if the OP signed it or not. This illegal activity should be reported to local DOL too.

[t75]

No one on this forum can determine whether or not the contract is valid. If it is valid, OP needs to honor it or be prepared to pay liquidated damages should the employer decide to sue. He can leave without honoring a valid contract, but there may be consequences.

The time for someone to have an attorney review a contract is before signing and not complain about what is in it afterward.

OP should consult an attorney knowledgeable about employment contracts.

[wiweq]

"The time for someone to have an attorney review a contract is before signing and not complain about what is in it afterward."

=> Even if both parties sign a contract, and the contract is illegal (against the law); the contract has no meaning!

Illegal contracts are not called contracts, in any case.

Let the attorney decide if the contract was illegal or not!