H1B - Change of Employers - Out of Job in transition

[happybuddha]

Hello,

I am on an H1B in the US and have taken up an offer from another firm. I have a joining date of say 10/30. Whenever the H1B transfer is approved (for those who remember my previous post, yea, whenever I have made plans A.B.C for situations and planned for the worst case, the most safest and easiest way has taken shape automatically ), I will put down my papers. I had calculated a two week notice period from the approximate date of transfer and given the joining date as 10/30. Now, this was based on my assumption that I put down my papers on 30-14 (2 weeks) = October 16 (discounting weekends). My questions :

1) Lets assume my company relieves me in 3 days after resigning. That means my last working day with my current firm will be Oct 17th. Technically, I will be out of a job from 10/18 to 10/30 and will have no paystub for this period. Would this cause any problems ? Am I even eligible to stay in the US, legally, during this transitioning phase ?

2) Since there is a Change of Employer, will I be expected to apply and somehow get a new I-94 ?

3)My visa has my current employers name, so does my current situation also require me to get a new stamping done ? (here in the US or whenever I go to India for a vacation)

Cheers,

[shervin143]

1) Lets assume my company relieves me in 3 days after resigning. That means my last working day with my current firm will be Oct 17th. Technically, I will be out of a job from 10/18 to 10/30 and will have no paystub for this period. Would this cause any problems ? Am I even eligible to stay in the US, legally, during this transitioning phase ?
>>> You should wait until you receive the H1B transfer receipt notice from USCIS before you resign. Once you receive the receipt notice, you are allowed to work for the new employer. That way, if the current employer relieves you soon, you can start working for the new employer and maintain your H1B status.

2) Since there is a Change of Employer, will I be expected to apply and somehow get a new I-94 ?
>>> If the transfer gets approved, then the approval notice will come with a new I-94 attached to the bottom.

3)My visa has my current employers name, so does my current situation also require me to get a new stamping done ? (here in the US or whenever I go to India for a vacation)
>>> You can use the existing valid visa as long as it remain valid with the valid petition from the new employer to re-enter U.S.

[happybuddha]

Thanks for your reply Shervin143

>>1) Lets assume my company relieves me in 3 days after resigning. That means my last working day with my current firm will be Oct 17th. Technically, I will be out of a job from 10/18 to 10/30 and will have no paystub for this period. Would this cause any problems ? Am I even eligible to stay in the US, legally, during this transitioning phase ?
>>> You should wait until you receive the H1B transfer receipt notice from USCIS before you resign. Once you receive the receipt notice, you are allowed to work for the new employer. That way, if the current employer relieves you soon, you can start working for the new employer and maintain your H1B status.

Well, yes. I got the EAC number already and am waiting for the visa to be transferred (another 2 weeks). Lets say I want to just take some time off before I get into a new job OR If the future employer is not ready to pre-pone the joining date, then ?

[shervin143]

When you are in H1B, you need to work and get paid. Otherwise you will be considered as out of status on H1B. If there is a break between the last payslip form the current company and the first payslip from the new company, then that period will be considered as out of status period and you may have to explain that to a VO is questioned on your future visat stamping.

Thanks for your reply Shervin143

>>1) Lets assume my company relieves me in 3 days after resigning. That means my last working day with my current firm will be Oct 17th. Technically, I will be out of a job from 10/18 to 10/30 and will have no paystub for this period. Would this cause any problems ? Am I even eligible to stay in the US, legally, during this transitioning phase ?
>>> You should wait until you receive the H1B transfer receipt notice from USCIS before you resign. Once you receive the receipt notice, you are allowed to work for the new employer. That way, if the current employer relieves you soon, you can start working for the new employer and maintain your H1B status.

Well, yes. I got the EAC number already and am waiting for the visa to be transferred (another 2 weeks). Lets say I want to just take some time off before I get into a new job OR If the future employer is not ready to pre-pone the joining date, then ?

[happybuddha]

Thank you for your views Shervin143