Navigating Job Transitions on an H-1B: Do I Need All Past Relieving Letters for Future Jobs?

Hi, I am working for a software company and currently in the USA on an H-1B visa. I would like to quit my current company as I am getting a very good opportunity in a different company in the US. The notice period for the current company says 8 weeks, but in the US, there is a concept of 2 weeks.

My new employer is not willing to wait for 8 weeks. If I give notice for 2 weeks, I will not be getting any relieving letter and experience letter from my current employer.

My question is if in the future I want to come back to India and join some industry, they always ask for previous company relieving letters. Is it only the last company relieving letter that is needed, or does HR need all the relieving letters from all the companies I have joined so far?

Thanks, Rahul

Generally, you are asked for the relieving letter issued by the company where you worked last. This is based on the assumption from the side of HR that the last company also had you in their organization, only after looking at the previous relieving letters. So you need not worry about the HRs in India asking for all company's relieving letters.

Regards,
VINAY

Rahul:

Before you give notice (2 weeks is sufficient), be sure your new employer has filed the appropriate Form I-129.

The following, from the US Ciitizenship and Immigration Service is for your information.

Who can an H-1B alien work for?

H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.

What if the alien's circumstances change?

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer's business will not affect the alien's status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Regards,

PALADIN

Please let me know, is this the concept of HR that relieving should be on the basis of notice period served? What if the company accepts the resignation WEF. In that case, what should the HR do - give the relieving letter or not? Is a relieving letter a right of an employee, or is it the company's wish to give it?

Vaishali

Vaishali,

In the US, we do not have "relieving letters." Employees work "at will" of the employer or of themselves. Generally, that means an employer can terminate the employee's services at any time for any legal reason, and the same for the employee; he or she can leave a job with or without notice. However, it is customary, as well as courteous, to provide the employer with at least two weeks' notice, which the employer may accept or reject, thereby releasing the employee from further responsibility.

The nearest thing to a "relieving letter" is a Letter of Recommendation wherein the employer outlines the positive contributions that the employee has made to the organization. This is generally given at or near the time of an involuntary departure, such as a reduction in force or closure. Hope this helps.