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[URGENT HELP NEEDED] - Regarding my status

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  • [URGENT HELP NEEDED] - Regarding my status

    Hello All

    I am currently working on H1 for an Indian IT giant. I got a job offer from a US company and they did my H1 transfer on premium. H1 transfer is approved and I have the email approval notice.

    I was about to join the company on 3rd November.

    I submitted my resignation with my current employer and the end date is 31st Oct. So I must join the new company by 3rd Nov.

    But the new company is saying that I need to hold off until I receive the physical copy at hand. It sounds unusual to me.

    If I dont join the new company on 3rd Nov, will I go out of status?

    Please advise.

  • #2
    Hello, Kaushik.

    You need to see your scenario this way - You are in USA on a work visa, your status in USA is determined by the job. So, you cannot be not on the job (when on H1B visa). Now, this status is maintained by running the payroll (when you are employed), when the payroll is not run, you do not have status.

    I am not aware how much period of payroll not being run is ignored by USCIS - 1 day, 3 days, 7 days. But, it is your visa and you should try to not have gaps.

    Would it be possible for you to extend your stay with the company you are leaving? Work with them for some more time and get this in writing from them. You might want to check with some more people.

    Personal opinion.

    Wishing you luck.

    Cheers,

    Originally posted by kaushik570 View Post
    Hello All

    I am currently working on H1 for an Indian IT giant. I got a job offer from a US company and they did my H1 transfer on premium. H1 transfer is approved and I have the email approval notice.

    I was about to join the company on 3rd November.

    I submitted my resignation with my current employer and the end date is 31st Oct. So I must join the new company by 3rd Nov.

    But the new company is saying that I need to hold off until I receive the physical copy at hand. It sounds unusual to me.

    If I dont join the new company on 3rd Nov, will I go out of status?

    Please advise.
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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