H1B transfer gap - Please help !

[seekerling666]

I am currently on H1B working for Company A. My employment ends with them in 2 weeks(around end of 1st week of October, 2015). I have an offer from Company B. They would be getting me in touch with the immigration team over the next 2-3 days. Company B is not aware that my employment with Company A in 2 weeks.

Below are my concerns :
* I am trying to expedite the H1 transfer filing. But given the shot time and that LCA needs to be filed, I am quite sure there would be a gap between last day of employment at Company A and the time my H1 gets approved/start working with Company B. Would I be out of status during this period ?
* I see the news about a potential government shutdown. From what I see, this would affect the LCA part. In worst case scenario, if my LCA is being processed by DOL and the shutdown happens, would I be out of status ?

[shervin143]

* I am trying to expedite the H1 transfer filing. But given the shot time and that LCA needs to be filed, I am quite sure there would be a gap between last day of employment at Company A and the time my H1 gets approved/start working with Company B. Would I be out of status during this period ?
>>> Technically YES. You are allowed to start working for Company B upon receiving the receipt notice without having to wait until the approval.

* I see the news about a potential government shutdown. From what I see, this would affect the LCA part. In worst case scenario, if my LCA is being processed by DOL and the shutdown happens, would I be out of status ?
>>> Yes. But in such case, USCIS might give you a waiver since it is a government issue and not an issue on your part.

[seekerling666]

* I am trying to expedite the H1 transfer filing. But given the shot time and that LCA needs to be filed, I am quite sure there would be a gap between last day of employment at Company A and the time my H1 gets approved/start working with Company B. Would I be out of status during this period ?
>>> Technically YES. You are allowed to start working for Company B upon receiving the receipt notice without having to wait until the approval.

* I see the news about a potential government shutdown. From what I see, this would affect the LCA part. In worst case scenario, if my LCA is being processed by DOL and the shutdown happens, would I be out of status ?
>>> Yes. But in such case, USCIS might give you a waiver since it is a government issue and not an issue on your part.

Thanks for the response.

I was also considering H1 -> H4 COS to be applied next week (last week of my current employment) so that I don't go out of status. Would this complicate things :
* If an H1 petition from the new employer is filed after the few days of H1 -> H4 COS application
* Can this option jeopardize my H1 petition approval with new employer