H1B Job Transfer Status Question

[spikemasta 1]

Hi VJ members,

I hope i am posting this in the correct forum, and if not, please let me know or move it to the proper one.

My girlfriend is on an H1B work visa, and is looking at transferring jobs to a new company. We are not sure if she is able to quit, prior to getting a new job, or will she immediately be out of status and will not be able to work again. Basically, she is hoping to get a job offer from the new company this week, and if she get's the position it would start in January. What we are trying to figure out, is if she is able to quit (say today, or soon), and still be able to have her H1B transfer to the new company and start in January. The new employor does support the H1B transfer, so we don't think there is any issue there, but just are not sure about the process.

Any help would be appreciated, and please let me know if i need to post more details.

[YuAndDan 153]

Are you a US Citizen? If so why not simply marry her, and then have her adjust status based on the marriage and get a green-card??

[spikemasta 1]

Are you a US Citizen? If so why not simply marry her, and then have her adjust status based on the marriage and get a green-card??

Hi YuAndDan,

That is an option, but we do not want to rush and get married just yet, so we just want to know what her other options are for the time being. We are planning to get married sometime next year, but we want her to get this new job first. Also, even if we get married and file for AOS and an EAD card, that will still take 30-90 days before she can get a new job. So, all in all, we just are wondering on any advice on the H1B for now, as this forum has already answered so many questions on how we will do the AOS later.

[spikemasta 1]

FYI, i talked to an immigration lawyer and read a few websites that explain the following:

Once the new company initiates the H1B transfer, and the USCIS receives the transfer request, you can start working at the new company, and/or quit the previous employer if needed. I did not find out how long the gap could be, but as long as your paperwork is in "Submitted" status with the USCIS, then you should be okay to start working at your new job.

Hope this might help anyone else out.