H1-B employee seeking resignation


I am on H1-B Visa and I woud like to resign from company. My H-4 visa would be sponsored immediately after I resign. I have given my resignation in written (email) and serving 15 days notice period.

However, my employer has threatened me saying I cannot leave as notice period is 1 month. And if I resign in 15 days, the employer will report to immigration department that I am absconding.

Can the employer do such thing ? Will it hamper my status or jeopardize my future H1-B conversion ?

Your employer’s claim is not right. Employment is always at will and either party can terminate the relationship at will.

I assume your COS will be filed after you resign from H-1 employer. My understanding is that you will remain on H-1 visa until H-4 visa COS gets approved. Check this w/ your attorney as you need to maintain H-1 status until COS gets approved.