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I have a question about h1b transfer and when to resign. I…

Customer Question
Hello I have a...

Hello I have a question about h1b transfer and when to resign

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes I just received the receipt. I would like to resign now and give 2-week notice. Then I would like to travel back to my home country for 2 weeks before starting the new job. There might be a week or so when I'll be unemployed in the US. Is that ok? Given we have 60-day grace period rule

Lawyer's Assistant: Have you talked to a lawyer yet?

It was filed under premium processing no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it

Submitted: 5 months ago.Category: Immigration Law
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Answered in 2 minutes by:
12/11/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,430
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, that's not a good idea. Is your transfer under Premium Processing? You may want to consider upgrading to that.

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Customer reply replied 5 months ago
Thanks! Basically my H1B transfer was filed last Friday (12/8) under premium processing. I would like to give 2-week notice to my current employer and end my current employment by 12/22. By that date hopefully I can receive approval. Then I would like to travel back to my home country for 2 weeks before starting with employer B. There might be a few days when I'm unemployed in the US (for example, waiting for paper approval to arrive). Given the 60-day grace period notice, would that be ok?
Customer reply replied 5 months ago
Sorry what do you mean by shooting the messenger?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Meaning when someone gives bad news, they might be blamed for it. Please do not blame me if it is bad news and it is indeed bad news unless you leave after an approval of the transfer. You should not travel while a transfer is pending. You may have problems getting back into the U.S. But since you are doing Premium Processing, a decision should come before you want to leave the U.S.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 5 months ago
Would it be ok if there are a few days of unemployment in between jobs?
Customer reply replied 5 months ago
For example, I take a break in between jobs.
Customer reply replied 5 months ago
Say, if I end my current job on 12/22 (have approval by then), then leave the U.S. on 12/30 and travel back to the U.S. on 1/15 and then start my next job?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

You are not supposed to be unemployed. Remember, the 60 day grace period is not guaranteed, it is discretionary. And also, if you have any time out of status, you would also need a new H-1B visa stamp to come back. You wouldn't be able to use the previous stamp, so be careful.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 5 months ago
Why is the 60-day grace period not guaranteed? So does that mean if I want to travel back to my home country, I have to leave as soon as I terminate my current job?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Because that's the policy when it came out, that it is not guaranteed. It is discretionary. And no, you do not have to leave the U.S. while the transfer petition is pending, but upon approval, you are supposed to go to work immediately for that new employer. If you get the approval, take a few days of, leave the U.S., it is possible that they will not let you back in on your previous H-1B visa because the few days off after approval can be considered as time out of status which would invalidate your current visa.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 5 months ago
if I go abroad I will apply for a new visa stamp. My current visa does not have an H1B stamp
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Ok. Then you should be fine. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

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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