Please advise on what could be done

[kartikrao4u]

Hi,

I am currently on a H1 VISA through an Indian IT firm and working for a client in Michigan.
My assignment with this client is over and my company has asked me to return back to India.
I have another job offer that I have accepted and that employer is processing the paperwork.
The paperwork should be ready by Feb end.
The problem that I face now is that the current employer is not going to allow me to stay in the US till then.
Can I quit the current employer and wait till the paper work with the other employer is complete?
Would that be legal?
Or else what options do I have?

Please advise.

[raghvi]

Hi,

I am currently on a H1 VISA through an Indian IT firm and working for a client in Michigan.
My assignment with this client is over and my company has asked me to return back to India.
I have another job offer that I have accepted and that employer is processing the paperwork.
The paperwork should be ready by Feb end.
The problem that I face now is that the current employer is not going to allow me to stay in the US till then.
Can I quit the current employer and wait till the paper work with the other employer is complete?
Would that be legal?
Or else what options do I have?

Please advise.

When you say "paperwork" at what stage it is? Has a transfer petition receipt number generated? Do you have any contract signed with current employer?

[kartikrao4u]

When you say "paperwork" at what stage it is? Has a transfer petition receipt number generated? Do you have any contract signed with current employer?

The new company has applied for LCA and yet to receive the approval. H1 transfer is yet to be initiated and will be done only after the LCA approval is done. There is no contract signed with the current employer.

[kartikrao4u]

The new company has applied for LCA and yet to receive the approval. H1 transfer is yet to be initiated and will be done only after the LCA approval is done. There is no contract signed with the current employer.

If I resign from my current employer before the next employer files for a transfer, will that be illegal?
Will I be out of status in this country?
Will the current H1 petition be invalid?

[raghvi]

While on H1 in US, the day your payroll stops, you go out of status. LCA approval normally is done in a week's time. If you can somehow stall the current employer till the transfer petition filing , you might be safe, or advance the joining date.

This is my opinion not legal advice.

[kartikrao4u]

While on H1 in US, the day your payroll stops, you go out of status. LCA approval normally is done in a week's time. If you can somehow stall the current employer till the transfer petition filing , you might be safe, or advance the joining date.

This is my opinion not legal advice.

That is true...I am expecting the LCA approval to be done this Monday.
But if it gets further delayed due to any reason, my H1 filing will have to wait.
I am trying to buy time from the current employer but not sure if I will get more time.
Then in that case,I might have no other option but to travel back.
Is that right?