H1B Transfer for new Employer

[Jomon_AJ]

I am on an H1B with my current Employer. I wish to work for a new Employer My current Employer is trying hard to get a new project for me (old project ended) and if not possible in 1 weeks, they will ask me to go back to my home Country (Aug 10) and they would provide me Tickets. My new Employer said that they would issue my offer letter on Aug 5 but H1B transfer might take some more time (1-2 weeks). If I resign on Aug 7, and say the Company relieves me on Aug 10, in that case, how much time do I have before the new Company would need to raise the new H1B Request and provide me with receipt number so that my legal stay period is maintained. I did read in some blogs that USCIS normally allows for a gap of less than 30 days

[shervin143]

It takes about 10 days to get the LCA approved from the date of filing. H1B transfer can be filed only after getting the LCA in hand. Once the H1B petition documents reach USCIS, it will take about 2 weeks to get the receipt notice. If the transfer is filed in premium, a soft copy of the receipt notice will be emailed immediately once the documents reach USCIS. You can start working once you receive the receipt notice. Technically there should be no gap in employment / pay slip while you are in H1B. Any gap is considered out of status. If that gap is minimum, then it will be overlooked by USCIS. If possible, check with your current employer to see if they can extend your stay for another week before they send you back. That will buy you a little more time.