If current Employer cancels my H1-B will it be any problem for new H1-B transfer process?


kumar062010

Recommended Posts

I am currently working on H1B with a Employer and I got a new offer with another Client(who is asking to Join in 15 days) through a new employer.

 

And my Current employer notice period also 15 days and I want serve the notice period.

 

New employer applied for LCA today and also will apply for H1B transfer once they got LCA approval, this process will take around 10 to 15 days. So to get new H1B transfer receipt number it will take 15 days. 

 

And If I resign after 15 days and serve 15 days notice period it will be total 30 days and i will loose the new offer but I don't loose as its very good offer. So i need to resign today only before new H1B process starts to Join the new employer in 15 days.

 

But If I resign with my current employer today, till I get new H1B receipt number I will be on my Current employers H1B only.

 

Questions: 

 

1. If I Inform my employer Today and then new employer will apply for H1-B after couple of weeks, mean while if my current employer take any action will that affect my new H1-B transfer process?

 

2. As per law Can my Current employer Cancel my H1-B Visa/Petition and ask me to leave US immediately ? Or only they can Cancel Visa Petition and not the Visa and I ca stay with Visa?

 

3. If current Employer Cancels my H1-B how many days i can stay in US ? means how many days i will get for new H1-B transfer?

 

4. If current Employer cancels my H1-B will it be any problem for new H1-B transfer process?

 

5. Is there any risk to resign to my Current employer before new H1-B transfer start ?

 

6. If new H1-B transfer fails what will be my position ? Can I reapply for it or I need to leave the US Immediately ?

 

I need to resign on 03/17 only so request you to answer as soon as possible.

 

Appreciate your quick response, Thanks in advance.

Link to comment

An employer by law has to inform USCIS when the H1 employee no longer works there, which in turn results in the H1 petition to be revoked.

That is irrelevant for you, though.

If the employer lays you off upon you giving notice, the employer by law would have to pay for your flight back home.

It is always a bit risky to start a new job before the new H1 is approved. If there's an RFE or a denial, you could be illegal if you did quit the old job already.

Link to comment

Archived

This topic is now archived and is closed to further replies.