H1 Transfer Notice Period

[rajesh_ns]

Hi,
I have transfered my H1B with company A to company B. The transfer has been approved, but company A is not accepting my resignation. They are insisting on 2 months notice period. The company B is not ready to wait for 2 months. Could you please tell me what is the best way to handle this?

Thank you
Rajesh

[txh1b]

There is no such thing as mandatory resignation period and no need for them to accept the notice. It is a right to work country and you can tender your resignation and stop showing up for work.

Any contracts etc that you have signed will still be valid if applicable by law. Notice period is just a courtesy but is NOT required.

[rajesh_ns]

Relieving letter

Hi,
Thank you for your response. I have a related question, when I join the new company do I need to provide them relieving letter from my current employer. Is this a legal requirement?

Thank you
Rajesh

[txh1b]

Hi,
Thank you for your response. I have a related question, when I join the new company do I need to provide them relieving letter from my current employer. Is this a legal requirement?

C'mon dude, this is US!!! Not India. The new company has got nothing to do with the old company or your dealings there. Only issue might be the need for you to prove your experience while filing your GC that you would need a proof of experience which can be obtained from peers, Project Managers etc if HR does not want to give it and can be reinforced with paystubs, W2s etc from the company.

[orion]

Read the appointment letter/any contract signed with your old employer. It will have the period that you will need to put in your resignation in advance to avoid penalty. They cant say that a 2 or 6 or whatever months notice is needed when you are resigning. Most companies have 15 day period. But if you get paid monthly, it might be 30 days.