H1B transferred before 1st October. When can I resign?

[Saurabh Nigam]

Hello,
I am on a F1 OPT Visa with OPT valid till December 2017. My current employer filed my H1B petition and it got selected in the lottery in May with a start date of 1st October 2016. Meanwhile, in August I got an offer from other Company B to join on 15th October 2016. Company B filed for H1B transfer in August 2016 and it got approved by USCIS. The start date on the latest I-797 (after the H1B transfer) is 15th October 2016.

I want to know when is the earliest that I can let my present employer know that I am leaving the company?

Can my present employer revoke my H1B even after 15th October?

Is it necessary for me to travel internationally to get the VISA stamped in October or before joining the new company?

I have heard that I need to be in the present company to collect atleast 2 paychecks on H1B before leaving. Is that the case?

[aditya.nitj]

H-1B Transfer before Oct 1

Hi Saurabh,

I am in almost same shoes. I got into H-1B lottery this year and now I have got a good offer and would like to switch company.

I heard that it is very risky to transfer H1B before oct 1. You have got your transfer done, Were there any issues while you transferred?

Is there any precaution that we need to keep in mind while transferring H-1B before Oct 1?

I am filing transfer next week and quite scared about rejection. Please let me know . Thanks !!

[Saurabh Nigam]

Hi Aditya,
There were no issues in the H1B transfer. Make sure you have all the supporting documents. The only issue is that I dont know when is it safe to quit from my current job. H1B start date for my current company is 1st October and start date for the new company is 15th October. Do you have any information about this?

[aditya.nitj]

Hi Aditya,
There were no issues in the H1B transfer. Make sure you have all the supporting documents. The only issue is that I dont know when is it safe to quit from my current job. H1B start date for my current company is 1st October and start date for the new company is 15th October. Do you have any information about this?

Hi Saurabh,

Thanks for your response. There are so many posts on internet saying you should not transfer H-1B before Oct 1, were you aware of this?

If your new H-1B starts from Oct 15, then you should leave your current firm anytime after Oct 15. You cannot change it before that. To be on safe side, don't inform your current employer anytime before Oct 15.

have you consulted with your attorney from new company?

Thanks
Aditya