Can a new H1B transfer be initiated while a existing transfer is in progress?
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Can a new H1B transfer be initiated while a existing transfer is in progress?
I changed positions within the same company and my employer has filed for a H1B transfer because the job responsibilities changed. I am now looking to change employers and the new employer is going to do another transfer. I’m not going to submit my resignation until the H1B transfer at the new employer is completed. Can I still give a 2 week notice or do I need to resign the same day since my H1B has been transfered to the new employer?
Asked on June 14, 2015 under Immigration Law, Texas
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can do a 2 week notice but you do not have to. If the transfer has been filed with USCIS and you were in valid H-1B status at the time of the transfer, you are permitted to start working for the new employer upon filing of the transfer petition.
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