Hi,
I have a situation where my current project with Employer A is coming to an end and I have been asked to return to my home country this Friday.
However, I got a job offer last week through Employer B who has filed for the LCA today and its approval is likely to take 5 days, which would be next Monday.
So, I have been advised that Employer B would file for the H1B transfer next Monday and the receipt notice should arrive in 48 hours, probably next Wednesday.
But, the conundrum here is obvious - Employer A would not allow my stay to go beyond this Friday.
I would be happy to resign, say Thursday, from Employer A but I am worried if they can write a withdrawal notice to USCIS asking for the revocation of my petition with Employer A.
What would be the situation with regard to Employer B - would I be out of status or would Employer B be not able to file a transfer since Employer A has already asked for revocation?
What is the safest course of action? Please advise.
PS : I am planning to request Employer A for a week of 'Leave without pay' just to travel within the country before my return but I am not sure if it would be agreed.
This would buy me a crucial week of being employed until the end of next week.
I have a situation where my current project with Employer A is coming to an end and I have been asked to return to my home country this Friday.
However, I got a job offer last week through Employer B who has filed for the LCA today and its approval is likely to take 5 days, which would be next Monday.
So, I have been advised that Employer B would file for the H1B transfer next Monday and the receipt notice should arrive in 48 hours, probably next Wednesday.
But, the conundrum here is obvious - Employer A would not allow my stay to go beyond this Friday.
I would be happy to resign, say Thursday, from Employer A but I am worried if they can write a withdrawal notice to USCIS asking for the revocation of my petition with Employer A.
What would be the situation with regard to Employer B - would I be out of status or would Employer B be not able to file a transfer since Employer A has already asked for revocation?
What is the safest course of action? Please advise.
PS : I am planning to request Employer A for a week of 'Leave without pay' just to travel within the country before my return but I am not sure if it would be agreed.
This would buy me a crucial week of being employed until the end of next week.
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