is it safe to give notice to Emp A before Emp B file the H1B transfer

[mvijaykumar]

Hi,

 

 Could someone please help me with the following:

 

I am on H1B and working for an employer "A" and recently got an offer from employer "B".

Employer B is ready to do the H1 transfer, however they want to file the transfer just 3 days prior to my start date. Since they are filing Premium, they said i'll have the receipt number before I start working for them.

 

I'll need to give two weeks notice to my current employer A. when i told about the notice period, Emp B said it is okay to give them two week notice as it is illegal for them to withdraw their H1 while i am serving my notice period. 

 

1. Is it safe to give emp A two weeks of notice? 

 

2. what if Emp A terminate me when i give them the notice? I am working for a client from Emp A and i don't think, they will do this as their billing would be affected anyways.

 

3. what if i don't get the receipt from USCIS before my start date? if i wait for a week or so, will i be out of status?

 

Any suggestions would be much appreciated. Thanks!

 

 

 

 

[jairichi]

Hi,

 

 Could someone please help me with the following:

 

I am on H1B and working for an employer "A" and recently got an offer from employer "B".

Employer B is ready to do the H1 transfer, however they want to file the transfer just 3 days prior to my start date. Since they are filing Premium, they said i'll have the receipt number before I start working for them.

 

I'll need to give two weeks notice to my current employer A. when i told about the notice period, Emp B said it is okay to give them two week notice as it is illegal for them to withdraw their H1 while i am serving my notice period. 

 

1. Is it safe to give emp A two weeks of notice? 

 

2. what if Emp A terminate me when i give them the notice? I am working for a client from Emp A and i don't think, they will do this as their billing would be affected anyways.

 

3. what if i don't get the receipt from USCIS before my start date? if i wait for a week or so, will i be out of status?

 

Any suggestions would be much appreciated. Thanks!

1. Yes.

2. They cannot terminate you when you are serving your notice period. 

3. Do not join any employer based on receipt notice. Join only after approval. Serve your notice period with current employer after approval. What would be your situation if current employer revokes H1B petition and new employer's H1B petition is denied?

[rahul412]

 

3. what if i don't get the receipt from USCIS before my start date? if i wait for a week or so, will i be out of status?

 

Any suggestions would be much appreciated. Thanks!

That's why do not join them before H1 approval. What if for some reason that H1 is rejected?? Will you go back to your home country??

[t75]

They can terminate you at any time with no notice. In fact, many companies will "walk you to the door" once you give notice.  Your H1B status grants you no special consideration; they should then file to cancel your approval with them effective your termination date.