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MRH1B
08-04-2011, 12:21 AM
Hi,

I applied for H1b transfer and it got approved but the start date is from Aug 29th(LCA start date is also 29th).Currently,I am working my present company and i want to give a notice.My question here is .

if i give a notice to join my new employer and my current employer terminate me immediately and revoke my current H1B.What is my situation?.Am i out of status though i have approved H1b with H1B start date 29th August.

Is it acceptable to have a gap between old employer and new employer.Will this be a status problem.

My End of employment with Currecnt is Aug 10th
My Start of Employment with new company is Aug 22nd and it is same as date of LCA and H1B i.e 22nd aug.I will not be at work for 2 weeks,no pay,nor any payroll.What i should do?.What are the issues?.How i should proceed on this case.

Please guide me with your inputs.

frustratingGC
08-04-2011, 08:29 AM
you provided contradicting information,

What is H1b visa start date or LCA date, is it Aug 22 or Aug 29??

you asked, is it OK to provide resignation notice? and also saying last date with current company is Aug 10. :confused:

MRH1B
08-04-2011, 11:04 AM
Thanks for the message.

My H1B validity and LCA Start date with new employer is 22nd August.I want to give notice to my current employer.if i give notice today and my current employer terminate me immediately and revoke my current H1.Will i go out of status though i have a Approved H1B which is valid from 22nd August.?.What are the issues i will face?.how i should proceed on this case?

Please guide me.

skpanda
08-04-2011, 11:28 AM
Thanks for the message.

My H1B validity and LCA Start date with new employer is 22nd August.I want to give notice to my current employer.if i give notice today and my current employer terminate me immediately and revoke my current H1.Will i go out of status though i have a Approved H1B which is valid from 22nd August.?.What are the issues i will face?.how i should proceed on this case?

Please guide me.

Not an attorney. Below is my opinion based on my past H1 job change experience:

Yes, you will be out of status (based on the fact that you do not have a job for taht many days). Good news is since it is only 2 weeks, it may not matter. I have known people who have been out of status for few months and they did not have problems in future H1 extensions.

Are you sure your employer will cancel H1 immidiately?
Even if employer cancels H1, I think it will take some time for USCIS to actually cancel H1.
In any case, since your new H1 is already approved, it may not matter even if USCIS cancels your H1 immidiately.

PS: If I were you, i would not care to give notice to current employer untill about 19th Aug (ofcourse you have to make sure your offer letter that you signed should say, 'At will employment'). Reason why I say this is, if your employer is not mature enough to work with you on your career choices they are not worth your courtesy of notice period. Recommend that you try to get an experience letter from them stating some reason or other before your resign. Save all your paystubs.

Good Luck!

MRH1B
08-04-2011, 01:58 PM
Hi,

Thanks for the reply.My attorney says no issues about this.but the current employer will not any experience certificate if i go before the agrremnet time.how important is that?.

It is for 4 months employment.

MRH1B
08-04-2011, 01:59 PM
Hi,

Thanks for the reply.My attorney says no issues about this.but the current employer will not give any experience certificate if i go before the agrremnet time.how important is that?.

It is for 4 months employment.

frustratingGC
08-04-2011, 02:09 PM
Hi,

Thanks for the reply.My attorney says no issues about this.but the current employer will not give any experience certificate if i go before the agrremnet time.how important is that?.

It is for 4 months employment.

are you leaving after working for 4 months with current employer? did you sign any agreement like you should stay with company for certain time??

MRH1B
08-04-2011, 02:29 PM
Yes.I did sign a agreement with them.they asked to pay some amount in if i terminate before.

MRH1B
08-04-2011, 02:32 PM
Agreement says a damages charges .so how i shld proceed on that?.is that a issue?

skpanda
08-04-2011, 02:39 PM
Agreement says a damages charges .so how i shld proceed on that?.is that a issue?

You need expert help from attorney. If you signed an agreement that they can claim damages then you will have problems (monetary penalty) if they choose to take legal action.

Regarding experience certificate, although it is good to have one....if it is only 4 months.. i would not worry about it.. just save your pay stubs.

MRH1B
08-04-2011, 02:41 PM
Thanks for the details.if talk to them and pay the damages as per agreement,will there be any issues..

frustratingGC
08-05-2011, 10:17 AM
Thanks for the details.if talk to them and pay the damages as per agreement,will there be any issues..

you should know damage amount before taking a decision, you can ask ex-employees or colleagues. Cost of h1b petition (~$7K), also amount earned by employer from you, how friendly you are with them matters...

Regarding the lawsuit, lawsuit is expensive, lawsuit depends on damage amount and other benefits employer gets suing you .. if you are working in big LCVs like TCS, Infy etc.. then you can surely expect a lawsuit because, its used to scare current employees trying to leave them..

your employer may try to scare you with lawsuit to retain you or for money.. you can always negotiate the amount or walk away without paying a penny..its all depends on you..:)

MRH1B
08-05-2011, 03:31 PM
Thanks for the inputs.The agreement say at will of employee and if i teminate the contract before the i need to pay 12k as liquidefied damages.


Can he claim more than this amount?.how i should proceed?.i am planning to talk to them and sort out.