Can I take a leave between job changes?

[vasaiboy]

HI All
I am in the process of changing my jobs. My H1 is approved with new company. I have given 2 weeks notice to my current employer. I will start at the new employer after 3 weeks. 1 week i want to take off. Is there any issues in that? Would I loose my status for that 1 week? Can it be done?

[Tibwa]

HI All
I am in the process of changing my jobs. My H1 is approved with new company. I have given 2 weeks notice to my current employer. I will start at the new employer after 3 weeks. 1 week i want to take off. Is there any issues in that? Would I loose my status for that 1 week? Can it be done?

Honestly: The lawyer from that new company could have answered a question like this one. Don't you ever take vacation at your current job? why Immigration would tell you cannot take a week or a month off between jobs. This decision is between you and your new employee. In order words, you are allowed to take vacation and personal time off under the H1B system as it is case with anything else.

[vasaiboy]

Honestly: The lawyer from that new company could have answered a question like this one. Don't you ever take vacation at your current job? why Immigration would tell you cannot take a week or a month off between jobs. This decision is between you and your new employee. In order words, you are allowed to take vacation and personal time off under the H1B system as it is case with anything else.

This is not about vacation at the current company. Its like I will end current job on 4th and Start New job on 14th. I have H1B approved at new job. But These 10 days are not a time off (PTO) from any company. I am concerned about those 10 days and my status.
I have asked the question to lawyers, waiting for answer.

[Tibwa]

This is not about vacation at the current company. Its like I will end current job on 4th and Start New job on 14th. I have H1B approved at new job. But These 10 days are not a time off (PTO) from any company. I am concerned about those 10 days and my status.
I have asked the question to lawyers, waiting for answer.

OF COURSE NOT, you have a valid H1B approval and you start the job 10 days later. People have their H1 approvals and wait months before they can start the new job. no big deal. For instance, My OPT expired in July, my H1b approved in August but I had to wait until October to start because I was not allowed to start working before October 1st due to H1b cap. I was legal all along. I traveled, went to place while I was waiting to start working.

[rkk09]

Hi,
technically these days will be considered as out of status... But, Since you got H1B Approved with New Employer, you need not to get worry about these days.
Thanks

[Tibwa]

Hi,
technically these days will be considered as out of status... But, Since you got H1B Approved with New Employer, you need not to get worry about these days.
Thanks

There no technicality on this issue. You don't have to start immediately after receiving H1b. You have a 60-day grace period to find an alternative employer if you lose your job according to the H1b regulation and enforce by USCIS. Period.