Legal Question in Immigration Law in Texas

I have resigned from company a and they have stopped my payroll.

Can I start working with company b even after I don't get released from company a(haven't got release letter and final settlement letter), as I am unable to serve notice period.

My H1 transfer is in process and should be over soon.


Asked on 8/11/14, 8:16 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Your first question is a matter of contract/employment law, which is determined by State law, so I cannot address that question.

As far as your H-1B visa status goes, as soon as the H-1B "transfer" is filed, you can begin working for the new company.

If you get an RFE on the new I-129 petition, there could be a question of your legal status, if there is a gap between the termination with Co. A & the commencement of employment with Co. B.

You should discuss this matter with the attorney representing Co. B with your case, as well as a Civil Attorney in your State, to address the contract issue.

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Answered on 8/11/14, 4:38 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 8/25/14, 12:19 pm


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