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H1B transfer:Can I give notice to current employer after receipt no?

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  • H1B transfer:Can I give notice to current employer after receipt no?

    I am working for Company A and Company B is going to file H1B transfer via premium processing and they want me to give notice to Company A as soon as I get the receipt no.

    - Does it work?
    - Worst case scenario: If my H1B transfer got rejected, what are my options? Can company B file H1B transfer application again? Is there wait time involved?


    Thank you!!

  • #2
    If B's petition gets denied and if you have stopped working for A at that time, you will be out of status. If A has not withdrawn their petition at that time and if they want you back, you can work for them. B (or any other employer) may file a petition for you at any time, but if you are not maintaining status at that time, you will not be able to continuously stay in the US. (You will then have to leave the US and return).
    So considering this risk, if you are fairly confident that B's petition will get approved and if they are not a consulting company, only then you should burn your bridges without seeing the approval.
    This is my opinion and not legal advice.

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    • #3
      Thank you very much!!

      Comment

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