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H1B Visa Transfer - URGENT

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  • H1B Visa Transfer - URGENT

    Hi,

    I am switching to new employer in H1B visa on May 23rd. My H1B transfer process has started couple of weeks back and it is still in progress.

    My current employer has set my end date as May 13th, so I will be out of job from May 13 to May 23. I will get my final pay check for the period May 1 - May 15 on May 22nd.

    Will this cause any problems in the H1B transfer?

    Please help.

  • #2
    Originally posted by vel4ever View Post
    Hi,

    I am switching to new employer in H1B visa on May 23rd. My H1B transfer process has started couple of weeks back and it is still in progress.

    My current employer has set my end date as May 13th, so I will be out of job from May 13 to May 23. I will get my final pay check for the period May 1 - May 15 on May 22nd.

    Will this cause any problems in the H1B transfer?

    Please help.
    Yes, you will be out of status between May 14 and May 22. That may cause problems in future. Is your H1B transfer premium? My opinion is you should resign only when your H1B transfer is approved.
    This is just my opinion, not a legal advice.

    Comment


    • #3
      Originally posted by SKDS160 View Post
      Yes, you will be out of status between May 14 and May 22. That may cause problems in future. Is your H1B transfer premium? My opinion is you should resign only when your H1B transfer is approved.
      I will be laid off on May 13th, but i am asking them to keep me till May 20 (Leave & Loss of pay). I think it is premium, but the HR is not clear and did not confirm on it. They are using Form I-129 for transfer. I hope for the best.

      Comment


      • #4
        Originally posted by vel4ever View Post
        I will be laid off on May 13th, but i am asking them to keep me till May 20 (Leave & Loss of pay). I think it is premium, but the HR is not clear and did not confirm on it. They are using Form I-129 for transfer. I hope for the best.
        USCIS sometimes overlook small gap in employment. You will not have a problem if you receive the i94 date in your new employer's i797. But if not, then you might have to travel back to your home country for a stamping. But note that by law you are out of status the very next day you are laid off. Your best bet is to convince your current company to keep you till May 22 (utilize vacation etc) and get pay stubs till that date.

        Source: Same situation as you

        Note - This is not a legal advice, Please consult an immigration attorney for specifics.

        Comment


        • #5
          Originally posted by vallme2003 View Post
          USCIS sometimes overlook small gap in employment. You will not have a problem if you receive the i94 date in your new employer's i797. But if not, then you might have to travel back to your home country for a stamping. But note that by law you are out of status the very next day you are laid off. Your best bet is to convince your current company to keep you till May 22 (utilize vacation etc) and get pay stubs till that date.

          Source: Same situation as you

          Note - This is not a legal advice, Please consult an immigration attorney for specifics.
          Thanks for the details. My H1B transfer is approved (which is starting from May 23rd) and I got an I-94 as well (old I-94 number). Do I need to check anything now or am i good?

          And my current employer has agreed to hold me till May 20.

          Thanks!

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