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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108989
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am currently working at client location through my company

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I am currently working at client location through my company on H1 visa. I am planning to change and have found a job as well. The new company is yet to start my H1 visa transfer. However, due to some reasons, the project with my client is scrapped and I am asked to travel back to India within a weeks time. Can I resign from the current company and stay is USA till the new company files my transfer?
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Unfortunately, no. There is no longer even an "unofficial" grace period like there used to be. You have to leave immediately upon termination (within 10 days), and no, your new employer cannot file the H-1B transfer within those 10 days. If you were to try, USCIS would ask you for paycheck stubs to cover the period and you would not have them. If your new employer were to file an I-129 before your old employer terminates you, you could begin working for the new employer as soon as USCIS receives the I-129. You do not even have to wait for the receipt to begin working for them.

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Customer: replied 3 years ago.

Thanks for your reply.


I would really appreciate if you could tell me on what are the chances or cases of visa transfer rejection. I am worried, if I resign and for some reasons the transfer fails, I would loose the Visa from old firm as well.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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