Urgent help: can I resign conditional on a guaranteed notice period?

I'm currently at a BB and have accepted a lateral offer at another BB and people in my group and HR have found out. I am under enormous pressure to turn in my resignation notice, but here's the problem: I cannot immediately start working at my new job until some Visa related paperwork has been approved by the Department of Labor. The DOL was closed due to govt shutdown and only opened last week, and the paperwork could take another 2 weeks. Unless this paperwork is approved, I can't start at my new BB.

If I resign, my current employer can waive the entire notice period and make my resignation date my last day, and then I lose legal status in the US and have to leave, because the DOL paperwork is still pending.

I discussed this with my MD and HR, and both have said they will allow me a 30 day notice period (within which all paperwork with the DOL will be sorted out), HOWEVER they refuse to give me this in writing. So there is no guarantee that the moment I resign they won't terminate me on the spot.

Do you guys think that in my formal resignation email, I can make my resignation contingent upon a 30 day notice period as verbally discussed with my MDs and HR? What would you guys do in this situation? HR wants me out ASAP because they know I'm going to a competitor...

2 Comments
 

wow that sucks. I would definitely not send the email without mentioning that stipulation. just resigning without saying that could be suicide

best of luck

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