H1B Transfer (Changing jobs from one employer to another)

[sn7]

Hi all

I have H-1B approved application (I-797 valid from October 1 2010 to Sept. 30, 2013) with my current employer (Employer A) and recently my new employer (Employer B - where I will be going) filed for an H-1B. The new H-1B petition was filed on December 17, 2012 and approved on Jan 2, 2013.

I am resigning from Employer A on January 11, 2013 and joining Employer B on January 14, 2013. I will not be on any company's payroll for January 12 and January 13. I was wondering if that is going to be a problem later on. I don't want to be out of status for two days, is there an alternative?

I would really appreciate if any one who has changed employer can guide me.

Thanks a lot!

Best Wishes
SN

[raghvi]

Hi all

I have H-1B approved application (I-797 valid from October 1 2010 to Sept. 30, 2013) with my current employer (Employer A) and recently my new employer (Employer B - where I will be going) filed for an H-1B. The new H-1B petition was filed on December 17, 2012 and approved on Jan 2, 2013.

I am resigning from Employer A on January 11, 2013 and joining Employer B on January 14, 2013. I will not be on any company's payroll for January 12 and January 13. I was wondering if that is going to be a problem later on. I don't want to be out of status for two days, is there an alternative?

I would really appreciate if any one who has changed employer can guide me.

Thanks a lot!

Best Wishes
SN

A gap of Weekend/Holiday in between employment is not considered out of status.

This is my opinion not legal advice.

[sn7]

A gap of Weekend/Holiday in between employment is not considered out of status.

This is my opinion not legal advice.

Hmm .. I guess my question is - Is there any way of transferring without being out of status in H-1B? And also, would I be out of status since my H-1B petition by the new employer (B) has already been approved?

Any suggestions here would be really appreciated!!

Thanks
SN

[kabkaba]

Since your are not working on those two days, you are not maintaining H1 status. But that is fine. Don't worry. The only to avoid that is have no gap between the two jobs, which may not be practically possible.