H1B status between Employers

[MuraliM2008]

I am on H1B and I am seperated from the current employer today. My H1b is already transfered to new employer but the joining date with new employer is after 13 days. Will I be in out of status for these days?

[OMM]

I am on H1B and I am seperated from the current employer today. My H1b is already transfered to new employer but the joining date with new employer is after 13 days. Will I be in out of status for these days?

-- No.
Read more here "As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status. What I understood from above lines on INS website is that
as long as one H1B worker is on his employers payroll(no matter he is getting salary or on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive) he is still in status.
"
---- OMM

[txh1b]

You will be fine. But it is definitely a gray area. You need to be working for the new employer.

[orion]

-- No.
Read more here " An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status. "
---- OMM

USCIS is now aware of how desi/non-desi companies are taking advantage of the above line and it is now no more possible to be in status while on leave just because there is no work. Other valid reasons are still applicable.

[OMM]

USCIS is now aware of how desi/non-desi companies are taking advantage of the above line and it is now no more possible to be in status while on leave just because there is no work. Other valid reasons are still applicable.

--- I seen cases so, I guide here. we know desi/non-desi consultant term, but if as per USCIS rules its correct process then USCIS will accept it.

[txh1b]

--- if as per USCIS rules its correct process then USCIS will accept it.

No, it isn't.