H1B ends in 3 days and new employer is yet to do anything, help!

[OJAD]

Hi There,

 

I am in a huge dilemma, I am working on H1B visa for a top tech employer. It is end-of-day Monday today and I put down my papers today after having received a job offer from employer B. I had expected that there would be a 2 weeks notice period which my manager had initially agreed to, and so I thought there would be sufficient time for visa transfer processing. However soon after I sent my resignation email, I heard from HR that my employment ends this Thursday! They mentioned it to be under company policy when one moves to this competitor firm B.  

 

This would mean that my last day on H1B status will be Thursday. And employer B has not even started on my H1B visa transfer petition. I am absolutely clueless on what will happen of me once I leave A, and wait for joining B. I read some online posts and I am even more confused.

 

Will I have to ask for a new H1B? 

How can I retain my H1B?

What are my options and what should I ask to my current employer?

 

I heard the furloughs and government shutdown is making things worse :(

Please help, I can see the clock ticking and I am scared as hell.

 

 

 

 

[jairichi]

Hi There,

 

I am in a huge dilemma, I am working on H1B visa for a top tech employer. It is end-of-day Monday today and I put down my papers today after having received a job offer from employer B. I had expected that there would be a 2 weeks notice period which my manager had initially agreed to, and so I thought there would be sufficient time for visa transfer processing. However soon after I sent my resignation email, I heard from HR that my employment ends this Thursday! They mentioned it to be under company policy when one moves to this competitor firm B.  

 

This would mean that my last day on H1B status will be Thursday. And employer B has not even started on my H1B visa transfer petition. I am absolutely clueless on what will happen of me once I leave A, and wait for joining B. I read some online posts and I am even more confused.

 

Will I have to ask for a new H1B? 

How can I retain my H1B?

What are my options and what should I ask to my current employer?

 

I heard the furloughs and government shutdown is making things worse :(

Please help, I can see the clock ticking and I am scared as hell.

If it is company's policy and in your contract that 2 weeks notice is required then talk to them.

With shutdown even though USCIS is functioning you can not proceed with H1B transfer if your employer B does not have an LCA  approved for the job. Check with employer B if they have one certified. If not then file for a COS to B2 to be in status in US and later apply for H1B transfer when shutdown is over.

It was naive from your part to resign from your current job without knowing the modalities of how to join employer B legally.

Employer B has to file a cap exempt H1B petition and even though you are allowed to join with receipt notice from USCIS it is always suggested to wait for approval.

[OJAD]

Thanks, so does this mean that after my employment with A is over, I will still be retaining my H1B for transfer later? I thought that the H1B will be no more valid after the employment ends. Kindly confirm please. 

If it helps, here is what I heard from my immigration team at A - Under H-1B regulations, your H-1B visa status will end on the same day that your employment with Microsoft ends.  

[jairichi]

Thanks, so does this mean that after my employment with A is over, I will still be retaining my H1B for transfer later? I thought that the H1B will be no more valid after the employment ends. Kindly confirm please. 

If it helps, here is what I heard from my immigration team at A - Under H-1B regulations, your H-1B visa status will end on the same day that your employment with Microsoft ends.  

You work for Microsoft :)

 

Yes, your H1B status would be revoked once you resign from your current employer. But, it will not affect any future H1B transfer as long as you stay in status in US.