Start date after H1 transfer approval

[Member08]

Hi all,

I am moving from Company A to Company B & have received the H1 transfer approval with company B. My question is would it be considered to be an Out-of-Status issue if there is a time lapse (2 -3 days including weekend) between leaving Company A & starting the new job with Company B?

Last day with Company A - 4/22/12
First day at company B - 4/30/12

Current H1 validity till 4/17/13
H1 transfer validity for company B - 4/09/12 to 4/07/14

Given these dates what would be my status from 4/23/12 to 4/29/12 (28 & 29 being a weekend)?

Your comments are much appreciated.

[shervin143]

Technically you are out of status from 23rd to 27th. Weekends and national holidays don't count.

[Member08]

Thank you sherwin143 for such a quick response.

So what you are saying is true even though I already have an approval from company B covering from 4/23 to 4/27?

I've read elsewhere that in such a situation it'd be fine as long as I was not working during this time. I guess this statement is implying is that - a question of getting paid during H1 status won't arise in this situation since I was not working for these couple of days. Any comments?

thanks much.

[shervin143]

When you are in H1B, you need to be working and getting paid to maintain the H1B status. If not, it is considered out of status. Unpaid vacations inside U.S are not allowed when you are in H1B or L1. Unpaid vacation outside U.S is okay as you will not be in H1B status once you leave U.S. However, I don't think that a matter of 5 days should have any big impact. But technically speaking, you are considered out of status for the period you were not employed with either of the employers when you continue to stay in U.S.

Thank you sherwin143 for such a quick response.

So what you are saying is true even though I already have an approval from company B covering from 4/23 to 4/27?

I've read elsewhere that in such a situation it'd be fine as long as I was not working during this time. I guess this statement is implying is that - a question of getting paid during H1 status won't arise in this situation since I was not working for these couple of days. Any comments?

thanks much.