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Should I resign before H1B approval?

Immigration 2 views 5 answers
I am currently working on H1B with company A for last 1.5 years. I got offer from another company B and they filed my H1B under premium prcocess. They have submitted all details including client letter to USCIS. Packet received USCIS on 16th and they gave receipt of 18th April. I have to give 2 weeks notice to my current company A and also I am supposed to join new company in 2 weeks from today. To do this I have to resign before getting approval. If all dcouments are submitted properly is it fine to resign before getting final approval?

Attorney Answers

5
J Ferrari ·
No competent attorney can guarantee that the new H-1B will be approved, so there is always a risk.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
I would submit my resignation as a matter of courtesy and common decency to your original, current H1B employer through whom you originally got your H-1B status from. As a practical matter, you could have started working for your new employer as soon as the new petition was deemed filed by USCIS. I would nevertheless wait to obtain the approval before giving my notice.
0 upvotes
Dana Bucin ·
Yes, there will always be that risk. If you want to play decent and give 2 week notice to your current employer, you have to do what you suggested in your question. Good luck!
0 upvotes
Tripti Sharma ·
This is how it can play out - (1) you resign and the Company B petition is denied. You will have to leave the U.S. (2) you wait until a decision is made on company B's petition. You move to Company B upon approval or you may continue with company A if company B's petition is denied.
0 upvotes

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