Legal Question in Immigration Law in Maryland

"My previous employer is asking me to submit resignation from my previous employment as he wants to cancel my H1B."

This is confusing. Are you saying the "first" employer (the one you were on good terms with) is asking you to resign from the new employer that just got the second H-1B approved for you? Or resigning from even a previous employer that you worked at before this "first" employer?

I'm going to assume you mean the employer you were on good terms with is asking you to resign from the new employer. Why would he do that if you're not working for him anymore, it doesn't make sense? Anyway, with a new approved H-1B, I think what you're really concerned about is that there's a gap in your status and you're not working yet with the new employer. Of course, that is not a problem if you start working immediately for them. Depending on the start date with this new employment, there could be a gap (let's say it's October 1, 2009). If that's the case, you will have to leave the U.S., go back to your country and apply for a new visa based on the new approved H-1B petition and be readmitted under the new visa and new employment. Otherwise, you would be having a gap out-of-status period on your records, which could affect you detrimentally later when you file adjustment of status.

If the above is not the correct assumption, then write back with a new question to clarify the confusion.

Larry L. Doan, Esq.

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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