Hi,
I am working for a software company and currently in USA on H-1B visa. I would like to quit my current company as I am getting very good opportunity in different company in US. The notice period for the current company says 8 weeks but in US there is a concept of 2 weeks.
My new employer in 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 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 HR needs all the relieving letters from all the companies I have joined so far .
Thanks
Rahul
From United States, Columbus
I am working for a software company and currently in USA on H-1B visa. I would like to quit my current company as I am getting very good opportunity in different company in US. The notice period for the current company says 8 weeks but in US there is a concept of 2 weeks.
My new employer in 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 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 HR needs all the relieving letters from all the companies I have joined so far .
Thanks
Rahul
From United States, Columbus
Generally you are asked for the releiving 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 organisation, only after looking at the previous relieving letters. So you need not worry about the HRs in india asking for all company's releiving letters.
Regards,
VINAY
From India
6Regards,
VINAY
From India
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
From United States,
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
From United States,
Please let me know is this the concept of HR that relieving should be on the basis of Notice period served what if company accepts the resignation WEF.
In that case what should the HR do, give the relieving letter or not .
Is relieving letter is a right of an employee or it is company's wish to give it
vaishali
In that case what should the HR do, give the relieving letter or not .
Is relieving letter is a right of an employee or it is 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 employees services at any time for any legal reason, and the same for the employee, (s)he 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 (2) 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 ann involuntary departure, such as reduction in force or closure.
Hope this helps.
From United States,
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 employees services at any time for any legal reason, and the same for the employee, (s)he 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 (2) 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 ann involuntary departure, such as reduction in force or closure.
Hope this helps.
From United States,
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