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Hello,
I am seeking your advice on the current immigration situation.
Currently I am employed on H1B (stamped and valid till April-2018). My position will be terminated and the last day with the current employer will be 12th April 2016. I do have an offer from another big US software company and they are in the process of filing H1B for me. I understand that the new application should reach USCIS before my last day with the current employer i.e. 12th April.
Here are my questions:
1. If application reaches USCIS before my last day and I get the receipt number, can I join the new employer with a gap of 3-4 days? The reason is, my new employer’s policy allows joining day being only on Monday’s. So there may be a gap of 3-4 days (Wednesday to Sunday) between my last day and new start date.
2. If for some reason my new employer fall short by couple of days i.e. the application reaches USCIS after 2-3 days of my last working day. Can I still join the new employer with the filing receipt number in this case or do I need to wait until the petition is fully approved (in premium processing). Will I be out of status during this time frame?
3. In anycase described above, the gap will not be more than a week. I do have a H1B working spouse and I have already kept the COS to H4 I-539 application ready to be filed. But my concern is whether it is worth to file COS to H4 just for the gap of week? And at this point I am not even sure if there will be a gap or not. It all depends how soon the new application reaches to USCIS.
Can you share your thoughts on the above questions?
Thanks in advance for your advice and suggestions.
I am seeking your advice on the current immigration situation.
Currently I am employed on H1B (stamped and valid till April-2018). My position will be terminated and the last day with the current employer will be 12th April 2016. I do have an offer from another big US software company and they are in the process of filing H1B for me. I understand that the new application should reach USCIS before my last day with the current employer i.e. 12th April.
Here are my questions:
1. If application reaches USCIS before my last day and I get the receipt number, can I join the new employer with a gap of 3-4 days? The reason is, my new employer’s policy allows joining day being only on Monday’s. So there may be a gap of 3-4 days (Wednesday to Sunday) between my last day and new start date.
2. If for some reason my new employer fall short by couple of days i.e. the application reaches USCIS after 2-3 days of my last working day. Can I still join the new employer with the filing receipt number in this case or do I need to wait until the petition is fully approved (in premium processing). Will I be out of status during this time frame?
3. In anycase described above, the gap will not be more than a week. I do have a H1B working spouse and I have already kept the COS to H4 I-539 application ready to be filed. But my concern is whether it is worth to file COS to H4 just for the gap of week? And at this point I am not even sure if there will be a gap or not. It all depends how soon the new application reaches to USCIS.
Can you share your thoughts on the above questions?
Thanks in advance for your advice and suggestions.
