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Hi all, I hope someone can offer some insight on the following issue:
I currently hold an H-1B visa from employer A. My contract with employer A is ending on July 31st.
I have a job offer from employer B for a job starting August 17th. If employer B decides to file petition for the H-1B, will I be in legal status while the application is pending or will I be out of status for the 17 days (August 1st-17th), even if the petition has been filed, premium processing has been used and it has been approved?
Employer B is under the impression that I will have to leave the country because of the 17 day gap but I was under the impression that I will be in legal status as soon as USCIS receives the petition for the new H-1B?
I am aware that I won't be able to work between 08/01 and 08/17, but I just want to know if I can stay in the country. I'm getting contradicting information online and from ask-a-lawyer websites, not to mention my potential new employer. One person said that I'd be in legal status while the H-1B petition is pending but if my H-1B petition is approved before August 17, then I'd be out-of-status from the date of my last day of work or the date the new petition is approved, whichever is later, until August 17, my first day of work for my new employer.
It doesn't quite make sense to me that I'd be in legal status while the petition is pending but out of status once it's approved - if it is approved before August 17th.
Also, just to clarify, going back to my home country for 17 (or more) days because of this while having to deal with preparing for a new job, relocation etc. is not really a feasible option so I wonder if it can be avoided.
Thanks in advance!
I currently hold an H-1B visa from employer A. My contract with employer A is ending on July 31st.
I have a job offer from employer B for a job starting August 17th. If employer B decides to file petition for the H-1B, will I be in legal status while the application is pending or will I be out of status for the 17 days (August 1st-17th), even if the petition has been filed, premium processing has been used and it has been approved?
Employer B is under the impression that I will have to leave the country because of the 17 day gap but I was under the impression that I will be in legal status as soon as USCIS receives the petition for the new H-1B?
I am aware that I won't be able to work between 08/01 and 08/17, but I just want to know if I can stay in the country. I'm getting contradicting information online and from ask-a-lawyer websites, not to mention my potential new employer. One person said that I'd be in legal status while the H-1B petition is pending but if my H-1B petition is approved before August 17, then I'd be out-of-status from the date of my last day of work or the date the new petition is approved, whichever is later, until August 17, my first day of work for my new employer.
It doesn't quite make sense to me that I'd be in legal status while the petition is pending but out of status once it's approved - if it is approved before August 17th.
Also, just to clarify, going back to my home country for 17 (or more) days because of this while having to deal with preparing for a new job, relocation etc. is not really a feasible option so I wonder if it can be avoided.
Thanks in advance!
