Break from work during change of jobs

[ajaktha]

Hi,

I am working for company A and am looking for jobs, say I get a job in company B. I was wondering if I could take a break (2-3 months) after leaving A and before starting work in B, provided my H1 transfer is applied by B within 3 weeks.

Please advise me in this regard.

Thanks
Arun

[knowledgeable]

You can take a break AFTER you join the next company

... before that may mean you're out of status for the time period.

In your case as you've explained, you're transferring your H1B immediately, that means you've already joined the next company and are on their payroll. They need to approve your long leave.

[DMX17]

This may be out of context but..

The leave must be voluntary. USCIS may not like your 2-3 months vacation, especially when you are present in the U.S. because the Shady consultants may use (and they do) voluntary leave as an excuse for not paying on bench, which is illegal.

This may look suspicious in your next transfer. A break of a week or two could be okay because it's possible that you may need some time if you are relocating to different city.

[txh1b]

Such a vacation might be risky if you intend to stay in US during the time especially when a H1b transfer is involved.

USCIS could issue RFE for latest paystubs and that will leave you without any options and them interpreting it as you being out of status.

Avoid it at all cost and go on the vacation after H1b gets approved.

[knowledgeable]

Personal leave ...

You should be able to take "Personal Leave" once you join your new employer.

Talk to your company's HR or your attorney and they should be able to guide you well.

Good luck.

[ajaktha]

Thanks a million!!

Thanks so much for your replies. they are extremely helpful to me.
i will try to join and then take vacation.