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Thread: H1B Employer Change Options

  1. #1

    H1B Employer Change Options

    Hi All,

    I'm currently working with an employer A, my H1B was approved with them last December, I now received a job offer from an employer B one of the top 5 software companies in the country, who is willing to file my H1B transfer in premium.

    However my employer A is not willing to let me go. i'm now concerned that if after the approval of my H1 transfer, if i submit a notice period to my employer A, he will not taking it well and probably stop my payroll immediately and this might create a gap in my payroll and I might be out of status.

    Can someone help me with an option to get the transfer done without any issue?

    Appreciate your help!

  2. #2
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  3. #3
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  4. #4
    Quote Originally Posted by rajguru View Post
    Hi All,

    I'm currently working with an employer A, my H1B was approved with them last December, I now received a job offer from an employer B one of the top 5 software companies in the country, who is willing to file my H1B transfer in premium.

    However my employer A is not willing to let me go. i'm now concerned that if after the approval of my H1 transfer, if i submit a notice period to my employer A, he will not taking it well and probably stop my payroll immediately and this might create a gap in my payroll and I might be out of status.

    Can someone help me with an option to get the transfer done without any issue?

    Appreciate your help!
    Once the transfer is approved, the termination of your H-1B with Employer A will not leave you out of status because the transfer has already been approved.
    If the employer says you need to leave immediately, just do it. Based on H-1B and DOL regulations, you have up to 1 month to join the new employer and start getting salary there.

  5. #5
    you should not tell your employer about the transfer .once your transfer is complete .tell your employer that you are leaving ..if i am your employer i will revoke your h1 if you tell me about your transfer

  6. #6
    But also, dont you think its kinda breaking the honesty specially when employer A gave you a employment when you were in need..

    Sounds kinda betrayal to me.. Can you share what is the formal or better way to exit this kinda situation? May be helpful for future references...

  7. #7
    If you think like that you will end up staying with same employer entire life.

  8. #8
    There is no need to let the employer know about the transfer. Employer B can handle the transfer and once the transfer is done, you can leave! Make sure you have your W2.

  9. #9
    True! No need to tell your previous employer. Just let them no after transferring out!

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