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Immediate Termination On Notice - H1B Transfer

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  • Immediate Termination On Notice - H1B Transfer

    Hello, I am contemplating a hypothetical situation here. I have a top Masters (really top-top masters) here in US and I work for a fairly reputed employer (not desi consultants). I got an offer from another top employer (I mean really top) and am planning on putting down my two weeks notice. I know its safest to wait for H1B transfer approval before putting down my notice. However that seems inconvenient. I would certainly like to first take the H1B transfer receipt first before putting down my notice. So here's, my question:

    If my employment is immediately terminated by my company (unlikely) upon my two weeks notice and if I will have to wait out without a job for two weeks before my employment with new company starts will I go out of status (even with h1B receipt on hand)?

    If so please advice me on the best route to take under such circumstances.

    --YelloJacket

  • #2
    Urgent Situation - Response Requested

    Response anyone? - I have an urgent situation. Requesting expert inputs. Thank you....

    Also just to add when I say receipt in my post, I was referring to FedEx receipt and not USCIS receipt...

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    • #3
      Originally posted by YelloJacket View Post
      Response anyone? - I have an urgent situation. Requesting expert inputs. Thank you....

      Also just to add when I say receipt in my post, I was referring to FedEx receipt and not USCIS receipt...
      No You have to wait till you receive USCIS Receipt.

      You can start working as soon as you Receive USCIS receipt. I dont think USCIS will allow you to work at new company earlier than that.

      USCIS does not have prejudice towards desi consultants or top companies for that matters. Dont be ignorant. Top company or not if you do anything that is not considered legal. it will bite you.
      Track 221g / administrative processing cases at one place -- Register at http://www.immihelp.com/tracker/221g-tracker

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      • #4
        Originally posted by hawkeye13 View Post
        No You have to wait till you receive USCIS Receipt.

        You can start working as soon as you Receive USCIS receipt. I dont think USCIS will allow you to work at new company earlier than that.

        USCIS does not have prejudice towards desi consultants or top companies for that matters. Dont be ignorant. Top company or not if you do anything that is not considered legal. it will bite you.
        Most certainly, no one wants to do anything illegal. The difference though is that reputed employers hire reputed employees and have their HR processes pristine to save their reputation. So if they hire a very reputed law firm to process my case and if they have an inbuilt policy that I can start my work with FedEx receipt and if they inform me of the same, then that has lot of weight-age to it. Desi consultants, sorry to say have pretty bad reputation for everything from small HR infractions to serious H1B frauds. I know its tough to take this especially if you are working with a Desi consultants in TX or CA, I heard there are loads of them over there, but it is a fact that they have set a bad reputation for themselves.

        And I will be the first one to reject them if they come to me again, as I have done many many times in the past.

        Comment


        • #5
          I am sure that you're company didn't hire so "reputed" lawyers ? Other wise you wouldn't be asking this question here.

          Don't you try to judge me because I am asking you to keep a fair eye. FYI you are wrong in both of your guesses ( I am not consultant / prejudice towards consultancy / American employers ) . I might be another employee of your employer but just with a broad(er) mind.

          This forum is not to fight on such topics. Let's try to be helpful to other readers.

          Please update us if you have found any other different answer about the original question.
          Last edited by hawkeye13; 11-24-2013, 11:42 PM.
          Track 221g / administrative processing cases at one place -- Register at http://www.immihelp.com/tracker/221g-tracker

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          • #6
            Originally posted by hawkeye13 View Post
            I am sure that you're company didn't hire so "reputed" lawyers ? Other wise you wouldn't be asking this question here.

            Don't you try to judge me because I am asking you to keep a fair eye. FYI you are wrong in both of your guesses ( I am not consultant / prejudice towards consultancy / American employers ) . I might be another employee of your employer but just with a broad(er) mind.

            This forum is not to fight on such topics. Let's try to be helpful to other readers.

            Please update us if you have found any other different answer about the original question.
            Hey I don't want to fight either, just saying that's all. And I can never know where you work and reputation of your work place. I am not gonna comment on that. And the law firm is indeed reputed. Its one of the top 10 law firms in US and google search for labor law readily turns up their name - so no offence you are wrong on that count, good employers hire good lawyers - its thumb rule and this is what I heard from many such discussions online and offline. It doesn't mean I am completely insured against running into headaches in the future, but just that statistical metrics for success is on my side.

            Best,
            Yello Jacket

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