H1B Tranfer gap between employment

[onlineseek]

Hi All,

I am currently working for employer A and have got offer from employer B who has already initiated h1B transfer under premium processing and a receipt number has been received.Can someone please clarify on the below query ?

1) I am planning to resign and take around 2-3 weeks gap between my last day at employer A and first day at employer b . Will this be considered as out of status? Will it affect any future H1 extensions or green card processing.

2) What is the maximum gap that can be taken between two employments considering my situation?

3) Can I join employer B even if I get a RFE for H1B transfer.

Any inputs on the above query would be highly appreciated.

Thanks for your help.

Regards,
onlineseek

[raghvi]

Hi All,

I am currently working for employer A and have got offer from employer B who has already initiated h1B transfer under premium processing and a receipt number has been received.Can someone please clarify on the below query ?

1) I am planning to resign and take around 2-3 weeks gap between my last day at employer A and first day at employer b . Will this be considered as out of status? Will it affect any future H1 extensions or green card processing.

2) What is the maximum gap that can be taken between two employments considering my situation?

3) Can I join employer B even if I get a RFE for H1B transfer.

Any inputs on the above query would be highly appreciated.

Thanks for your help.

Regards,
onlineseek

1. If you are not getting paid for those 2-3 weeks, you would be considered out of status. Any out of status period could potentially have negative implications in future.
2. technically zero days.
3. yes you can but if transfer rejected, you would go out of status and would need to leave US.

this is my opinion not legal advice.