Want to take time off during H1B Visa transfer (changing jobs)

[mayankshekharrr]

I currently work for Company A. I am now moving on to a new position at Company B. My last day at Company A is October 9th and Company B would have filed my H1B transfer petition by this date. The petition is likely to be approved by October 9th as well. Here’s my question, if my H1B transfer petition gets approved (say on October 9th) but I want to take some time off (maybe 45 days) before joining Company B, is that ok (will I be out of status if I have my H1B transfer petition approved but am not on a payroll)?

I am in urgent need of this answer. I will appreciate all your help. Please let me know if you need more information to further understand my question.

Thank you very much!

[kabkaba]

Will you be in the US during this time? If so you will be out of status. Generally, a gap of a week or so is okay, but anything more should be avoided.

[mayankshekharrr]

Will you be in the US during this time? If so you will be out of status. Generally, a gap of a week or so is okay, but anything more should be avoided.

I just want to enjoy a nice time off . From your reply I can't do so in US. So what if I leave for India on Octber 9th? Will it be risky for me to travel outside US with H1B petition approved?

[kabkaba]

There is no status outside of the US, so there is no being out of status either.

When you return to US, you will need to have a valid H1B Visa along with the new petition approval notice. If the expiry dates on the Visa and petition are different, it is possible that CBP will give you I-94 corresponding to the Visa expiry date. If you obtain the Visa using the new petition, both the dates will be the same.