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Can I resign with my current employer and join the new employer with the H1b Transfer FedEx Receipt number?

Charlotte, NC |

I am currently on a H1b with company A working for Client X. I got an offer for a full time role with Company B where I would be working for their Client Y. The new employer has initiated my H1b transfer under Regular processing category and I wanted to change the regular processing to premium processing. As the packet has already been delivered to the USCIS under processing, the new employer Company B promised to transfer to premium as soon as he receives the EAC number. Now my questions are -
1. Is it a valid option to quit my current employer based on the FedEx Receipt I received or should I wait for the EAC receipt number to be generated.
2. If I need to wait for the EAC number, then how long will it take for the number to be generated and sent over to me.

Attorney Answers 2

  1. Best answer

    I would recommend you wait until you have the receipt notice from USCIS before you quit. Once you have the receipt notice, you know everything have been filed and you are free to begin employment with the new company under current immigration procedure.

    The information included on this page is a general description of immigration procedure and does constitute legal advice nor does it establish an attorney/client relationship. If you believe this information may assist you with your immigration needs and would like legal guidance, you can contact the Cauley Law Firm, PLLC to learn how the information may apply specifically to your case. I am licensed in the State of North Carolina but can assist with Federal legal procedures questions nationally, which includes the area of immigration.

  2. You may change once the application has been filed. Placing the application in the mail (Fed Ex) is not filed.

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.

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