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H1B Transfer approved. 6 days gap between LWD and Joining date, any issues?

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  • H1B Transfer approved. 6 days gap between LWD and Joining date, any issues?

    Hi, I am on H1B with current employer A. I got an opportunity with employer B, who filed my H1B transfer and received the approval.
    After approval, I resigned at my current employer (A) and last working day is 31-Mar-2014.
    The joining date of my new employer (B) would be 7-April-2014. So I'll be unemployed and without payrole for 6 days.

    1) Will it cause any issue during future H1B extension/Green Card ?

    2) Does it account for illegal stay or out of status ?

    3) If the current employer (A) revokes/cancels my petition with them (on 31-Mar-2014), will it be any problem for me?

  • #2
    Originally posted by readabhishek View Post
    Hi, I am on H1B with current employer A. I got an opportunity with employer B, who filed my H1B transfer and received the approval.
    After approval, I resigned at my current employer (A) and last working day is 31-Mar-2014.
    The joining date of my new employer (B) would be 7-April-2014. So I'll be unemployed and without payrole for 6 days.

    1) Will it cause any issue during future H1B extension/Green Card ?

    2) Does it account for illegal stay or out of status ?

    3) If the current employer (A) revokes/cancels my petition with them (on 31-Mar-2014), will it be any problem for me?
    Technically these 6 days would be out of status period. Generally ignored by USCIS, but there have been cases when it was questioned during GC. Current employer revoking H1 doesnt matter.

    This is my opinion not legal advice.

    Comment


    • #3
      H1B Transfer - last working day Vs last paycheck day

      This is regarding H1B transfer.

      My last day of working with current employer is 6th October, 2014.
      I will get my last paycheck on 24th October, 2014 with final settlement.

      My new employer has given me offer but not yet filed H1B transfer petition. If my new employer files my petition after my last working day (6th October) but before my last paycheck (24th Oct) will that be fine ? OR I will be in the risk of getting RFE ?

      Out of status is from last working day or from last paycheck date ?

      Please help me with possible options in this situation.

      Thanks..

      Comment

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