Urgent - Giving 2 weeks notice before H1B Transfer?

[kumar666]

Hi All,

I have a very urgent question - I know the recommended process should be wait at least till h1b transfer filing receipt arrives. But due to some reasons I'm considering to give 2 weeks notice to my boss before the new company filed for my H1B Transfer. The main reason is I'm waiting for I140 approval and since the start date of my new job is approaching I want to have more time to hand off my current works so that I can leave right after I got my 140 approval and H1B receipt.

If I gave the notice to my boss and he agreed to hold off notifying the HR (until I got the H1B transfer receipt), will there be any issues for my immigration status? For the record, the new company already got the LCA so I don't think it will take long to get the receipt if there were no RFE.

Many thanks!

[shervin143]

Giving a notice to your current employer is a civil matter between you and your employer and you can handle it however best it would work for you. You cannot join the new employer until you receive the H1B transfer receipt notice. I don't know anything about your current employer or your relationship with them, but many employers will not give a copy of the I-140 approval notice to the employee if they know that he/she will no longer work for them. So think about that before your hand over your resignation in advance. Also, if for some reason your current employer terminates you immediately without taking your notice period, then you will go out of status on H1B since the new employer is yet to file your H1B transfer.

[kumar666]

Giving a notice to your current employer is a civil matter between you and your employer and you can handle it however best it would work for you. You cannot join the new employer until you receive the H1B transfer receipt notice. I don't know anything about your current employer or your relationship with them, but many employers will not give a copy of the I-140 approval notice to the employee if they know that he/she will no longer work for them. So think about that before your hand over your resignation in advance. Also, if for some reason your current employer terminates you immediately without taking your notice period, then you will go out of status on H1B since the new employer is yet to file your H1B transfer.

These are excellent points. Thank you very much. Will think again.