What happen if I resign current employer before receiving H1B transfer receipt?

[bvramesh219]

Hi,
My H1B extension is approved 8-Oct-2013. I have a new employment offer in hand. I have 3 weeks to join with new employer. I have to serve 2 weeks notice period to my current employer. I am trying to figuring out what is safest point of time to resign my current employer.

(1) Do I need to really wait for VISA transfer acknowledgement receipt to resign or can I resign before also?
(2) If I resign before getting VISA transfer acknowledgement receipt, what can current employer can do to make my VISA out of status or jeopardize my VISA.
(3) I am aware he can notify USCIS to make my current visa void, in such case what will happen to me?
(4) If my current employer submit request to make void my current VISA, how much time it takes to USCIS to make it void?


Thanks in advance

Regards,
Ramesh Babu

[Nattybone]

Hi,
My H1B extension is approved 8-Oct-2013. I have a new employment offer in hand. I have 3 weeks to join with new employer. I have to serve 2 weeks notice period to my current employer. I am trying to figuring out what is safest point of time to resign my current employer.

(1) Do I need to really wait for VISA transfer acknowledgement receipt to resign or can I resign before also?
(2) If I resign before getting VISA transfer acknowledgement receipt, what can current employer can do to make my VISA out of status or jeopardize my VISA.
(3) I am aware he can notify USCIS to make my current visa void, in such case what will happen to me?
(4) If my current employer submit request to make void my current VISA, how much time it takes to USCIS to make it void?


Thanks in advance

Regards,
Ramesh Babu

Hello, Ramesh.

Once you have filed the transfer petition, you have shot the arrow and are kind of ok. In reality, you are NOT safe until you get the visa successfully transferred. However, getting the acknowledgement is a safe enough point - the acknowledgement does not take very long from the day of filing. Maybe a week.

After filing the transfer, your existing employer has little control, i feel. As your petition to transfer is already in place. If you were on a valid H1B status at the time of filing for transfer, i feel you should be fine even if the current employer files for revocation / cancellation. Personal Opinion. Engage an attorney for an hour, they charge 100$, if you are not sure.

I hope this helps.

Cheers,