H1b Transfer

[your_naveen]

Hi,

I am on H1B and it will expire on sep 2015 after that I can have another H1b ext.
I have an offer from another company and the joining date from new employer is End of April.

My question is
1. When should I resign from the current employer.
2. While in US do I have to do new visa stamping.
3. What effect it would have on my spouse's visa?
4. Can my current employer refuse to accept my resignation

[raghvi]

Hi,

I am on H1B and it will expire on sep 2015 after that I can have another H1b ext.
I have an offer from another company and the joining date from new employer is End of April.

My question is
1. When should I resign from the current employer.
2. While in US do I have to do new visa stamping.
3. What effect it would have on my spouse's visa?
4. Can my current employer refuse to accept my resignation

1. Would advise doing so only after approval of the next employer's petition and as per notice period of current organization.
2. No.
3. The dependents H4 status would be active as long as they have corresponding I-94
4. I dont think so , you would have to re read what you signed up for at time of employment with respect to penalty/notice period etc.

This is my opinion not legal advice.

[your_naveen]

1. Would advise doing so only after approval of the next employer's petition and as per notice period of current organization.
2. No.
3. The dependents H4 status would be active as long as they have corresponding I-94
4. I dont think so , you would have to re read what you signed up for at time of employment with respect to penalty/notice period etc.

This is my opinion not legal advice.

Thanks Raghvi,
1. While applying for H1b, with current company I had signed the bond in which if I leave I have to compensate the cost of H1b on a prorate basis.
2. In the appointment letter issued in US, though it says 4 weeks of notice should be given but its not mandatory.

In this scenario, can the current organization hold me if I do not clear the dues in time?

[raghvi]

1. Well if you have signed such a thing yes you could be held liable for it.
2. What do you mean its not mandatory? If it is mentioned then it means they expect it right?

There is no legal immigration issue in applying for a transfer and joining the next employer. But, yes, there could be legal employment contractual issues in not honoring what you signed up for. The two are different issues.

The employer cannot prevent you from joining the next employer but can possibly hold you liable for not honoring the contract and seek damages.

This is my opinion not legal advice.

[your_naveen]

1. Well if you have signed such a thing yes you could be held liable for it.
2. What do you mean its not mandatory? If it is mentioned then it means they expect it right?

There is no legal immigration issue in applying for a transfer and joining the next employer. But, yes, there could be legal employment contractual issues in not honoring what you signed up for. The two are different issues.

The employer cannot prevent you from joining the next employer but can possibly hold you liable for not honoring the contract and seek damages.

This is my opinion not legal advice.

Thanks.

I have another question
Currently I and my wife stay together in US, if I apply for h1b transfer and she returned to India after some time then does she have to go for re-stamping once again when she comes to US? If yes then what is the process and does she have to go to the previous consulate for stamping, like previously it was done from Mumbai and she is going to stay in Delhi

[raghvi]

She need not go for re stamping till her H4 is valid.

If her H4 is valid, she needs to show your latest approved I797 while travelling back.


This is my opinion not legal advice.