Hi,
I am on H1B with my current employer. I got my H1B transferred (receipted & approved) to my new employer and ready to put down my resignation with current employer. As I’ve spent only 4 months with my current employer, I’m expecting the termination to be somewhat rough. Some of my friends told that, the current employer can back date my termination date when revoking H1B which can lead to cancellation of my transferred H1B.
Is this a possibility ? What are the implications of doing so ? In other words, once a transfer petition is approved, can the previous employer do anything during or after the notice period apart from holding off payments and service letters ?
Change of employer (aka transfer) petition can only be approved while you are actively employed on H1B with the sponsoring employer. Yours is approved which means USCIS acknowledges that you were actively employed while your transfer petition was approved.
Your employer can’t withdraw from back date as you are on active payroll and have proof of being employed. If they do that then they will violate the USCIS and potentially DOL laws. Employer is bound by law to withdrawn H1B after the employee leave.
I don’t think you have anything to worry about. Many times we worry about things that never happen.
