H1B transfer from A to B; can't quit A due to 30-day notice. Help please!

P

pd_2004

Registered Users (C)
Hi,
I am currently employed and have a H1-B with university A, which is valid until May 31, 2008. I got an offer from university B and they have started paperwork for H1-B transfer by premium processing with a start date of Nov 1, 2006. My current employer requires a written 30-day resignation notice. So I told university B that I need one month time after they get the receipt notice, so I can give the required one-month resignation notice to my current employer (University A) and they kind of agreed to it verbally. The issue is as follows:

University B hasnt yet (as of Oct 9, 2006) sent the application to USCIS. They are still gathering paperwork. I havent yet given the 30-day resignation notice to my current employer since I am waiting for University B to atleast send in the paperwork to USCIS, so I can have an estimate of timeline and plan things accordingly. Let us say that Univ B sends the paperwork to USCIS by next week or so (Oct 16, 2006) and it gets approved in time (let us say Oct 31, 2006 for example) before Nov 1, 2006 start date. But since I have not given 30-day resignation notice to University A, I cannot leave Univ A and start Univ B on Nov 1, 2006. Assuming I give the 30-day notice to Univ A on Oct 16, 2006, I cant join University B until approximately Nov 17, 2006. The question is whether I can continue to work at University A beyond Nov 1, 2006 until that 30-day period ends and then start work with University B, even though Univ B already has the H-1B approval validity starting Nov 1, 2006?

Kindly let me know if this is legal. If not, I will have to take risk and give 30-day notice immediately to my current employer Univ A.

Thanks a lot!
PD
 
Thanks for the reply. Yes, Univ B is opting for premium processing. By chance if it gets approved before Nov 1, 2006, can I continue to work at Univ A until about Nov 16 or so, before joining Univ B,, even though Univ B would already have approval notice valid from Nov 1?

Thanks,
PD
 
Why would they go for premium processing ? One can change employer as soon as transfer is filed. There is not much benefit to file permium process in the case of transfer unless you have some special reason such as you want to travel very soon or somthing.

Anyway, if you want to keep working for A after transfer approval, it seems you can do that.
 
Last edited by a moderator:
Coming to think of it, you are right...I dont know why they want to go for Premium. They chose to do it..I didnt request it specifically. I guess since I told them that I will resign my current job only after they get the receipt notice, they probably misunderstood me to mean the approval! But anyway, thanks for you reply to my question. So I can continue to work for Univ A for the short period before shifting to Univ B. Thanks!!
 
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