Should I give notice without even H1B filing

[Ron201202]

Hi,

I am on H1B. 6 years completed, but got extended until 2014.

I am changing my job, but this new company wants me to give my current employer a 2 weeks notice, without even giving me Fedex # of H1B being filed.

They filed LCA.. but they never said when it will get completed.

I am concerned about:

1. What is general practice for giving notice?

In my last job around 4 yrs back, I had given notice only after H1B Transfer receipt was given to me.
Looks like nowadays general practice is to give notice after getting Fedex # of H1B filing.


2. Does anybody know of instances where H1-B transfer or LCA didn't work out?

I am not sure if my current company will or will not be hiring me back after I give notice of 2 weeks,. They may even cancel my H1B right away after my last day.

3. What are the downsides of not giving 2 weeks of notice?
Other than obvious one of losing references and contacts..


Please giving any input you have. Very confused about next steps.....

[shervin143]

If you want to play safe, you should not join the new employer or even provide notice to the current employer until the H1B transfer gets successful. What if the LCA or the transfer gets denied? You will have to return back to your home country. There is a premium processing that will get you the result of the H1B transfer in 15 days.

[Ron201202]

The lawyer clearly told me they are not gonna do h1 transfer by premium because those application get scrutinized more..

really confused..

[shervin143]

Well, then you decide whether to take the risk or not. You cannot join the new employer until you receive the receipt notice from USCIS for the H1B transfer. If the transfer gets denied, be prepared to leave the country.

If the documents are in order, then they should not worry about the application getting scrutinized. What is the guarantee the application will not go into an RFE or get rejected in a normal process?

The lawyer clearly told me they are not gonna do h1 transfer by premium because those application get scrutinized more..

really confused..