Optimizing Timing and Minimizing Risks: Should You Give Your 2 Weeks Notice After H-1B Transfer Approval or Confirmation?

When considering when to give your two weeks' notice for an H-1B transfer, it's generally safer to wait until you have received the approval notice from USCIS rather than just the confirmation of receipt. This practice ensures that your new employment is fully secured and minimizes potential risks. In this article, we will break down the reasoning, considerations, and likelihood of denial, along with common grounds for such decisions.

Timing and Best Practices

The timing of your notice is crucial in ensuring your transition is smooth and secure. Here’s a detailed breakdown:

Approval Notice

Best Practice: Waiting for the approval notice from USCIS is the best course of action. This document signifies that your application has been positively evaluated and your new employer is fully on board.

Benefits:

Maintains legal and employment stability for you. Avoids leaving without secured employment if the transfer is denied.

Considerations: Receiving the approval notice ensures that you are legally employed and ready for your new position without any uncertainty.

Confirmation of Receipt

Benefit: This simply indicates that USCIS has received your application and is in the process of reviewing it. However, it does not guarantee approval as various factors are still at play.

Considerations: Although a confirmation of receipt provides a sense of assurance, it does not ensure that your application will be successful. It is merely a step in the process.

Likelihood of Denial

The likelihood of an H-1B transfer being denied can vary, but if the application is prepared correctly and all documentation is in order, the chances of denial are relatively low. However, several factors can influence this:

Common Grounds for Denial

Insufficient Documentation

Failing to provide adequate evidence of qualifications, the job offer, or the employer’s ability to pay the offered wage.

Ineligibility of the Job

The position must qualify as a specialty occupation. If the job does not meet this criterion, the application may be denied.

Employer Issues

If the employer does not have a good standing with USCIS or has a history of non-compliance with immigration regulations, this can lead to a denial.

Change in Circumstances

Any changes in personal circumstances, such as loss of a job, change in salary, or the employer's situation, such as downsizing during the application process, can impact the approval.

Previous Immigration Violations

If you have a history of immigration violations, this can negatively affect your application.

Conclusion

To minimize risk and ensure a seamless transition, it is advisable to wait for the H-1B transfer approval from USCIS before resigning from your current position. Additionally, make sure that all aspects of your application are well-prepared to enhance the chances of a successful transfer and minimize potential complications.