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Taking a few days off before joining a new company

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  • Taking a few days off before joining a new company

    I had a question about the legality of this situation : I plan on leaving company A and joining company B for which the H1B transfer has begun. I wanted to ask if I could take 2 days off between leaving company A and joining company B since during this time I will not be on either A or B's payroll. I am also concerned that when applying for my greencard , there will be a gap between paystubs if I plan on taking 2 days off in between.

    Is there a law which allows me X number of days between employment ? Also, I will be joining company B only after the H1B has completely transferred and a hard copy of the approval notice is received by the lawyers of company B.
    Thanks.

  • #2
    Originally posted by tomsawyer View Post
    I had a question about the legality of this situation : I plan on leaving company A and joining company B for which the H1B transfer has begun. I wanted to ask if I could take 2 days off between leaving company A and joining company B since during this time I will not be on either A or B's payroll. I am also concerned that when applying for my greencard , there will be a gap between paystubs if I plan on taking 2 days off in between.

    Is there a law which allows me X number of days between employment ? Also, I will be joining company B only after the H1B has completely transferred and a hard copy of the approval notice is received by the lawyers of company B.
    Thanks.
    There is no law which allows any gap in employment on H1 status. Typically a day or two shouldn't be an issue but I would recommend not to take a risk here. You should resign Employer A only after transfer is approved and you are ready to join Employer B.
    This is just my opinion, not a legal advice.

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    • #3
      Yes, I plan on leaving company a after a formal approval of H1B is received from company B.

      I thought the same, that 1 or 2 days should be alright if I have all the paperwork from company B sorted out.

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