Advise on two weeks notice period

[Maggie2017]

Hi,

 

I am 12 days behind the schedule on my H1B premium processing application. My regular application was filed on 10/31 and it was converted to premium on 11/12.My new employer wants me to start on 12/01 and they wouldn't consider pushing my start date since I have already pushed it by two weeks. 

If I plan to give my present employer a two weeks notice it has be done on the 11/17, Monday, although I do not have any agreement with them it is just a courtesy notice. My new employer is a US based top retailer with offices in India. Considering my current situation what would be your advise on informing my present employer before the H1B approval.

 

Just in case of an issue with my new visa processing would I be able to continue my employment with the new employer even in India and then enter the US in the worst case scenario?

 

I am confused. Please help.

 

Thanks.

[ashuneel]

Your H-1 application should be approved by 11/27. You can wait to give notice  on that that day if you are not confident that the petition will be approved. It is not good practice but you have no legal binding to do so.

If you do not get approval or get RFE you may choose to not give notice and continue current employment. If you choose to resign and have trouble getting approval for new petition It is unlikely that your present employer will continue your employment either here or in India. Of course it is still possible that they may continue employment but it will be difficult for your manager to convince the company to take such course after a person has voluntarily resigned.