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