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H1b transferring to new company but wants to take a break for a month

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  • H1b transferring to new company but wants to take a break for a month

    Hi. I am currently employed with company A. My h1b with company A expires in September 2012. I got a new job offer from Company B and I am going to accept the offer which I now need to transfer my H1b to company B. My question is, I would like to quit my current job with Company A now and take a month off, leaving the States for a month and stay with family in overseas then return back to the US and start working for Company B in July. Is this possible? Do I have to start my new job immediately after I quit my current job with Company A in order to have the status? Does current H1b terminate as soon as I quit my current job? How do I remain H1b status even though I am not working for the Company B yet. Thank you
    Last edited by Alien2012; 05-23-2012, 06:43 PM.

  • #2
    As long as you are not going to stay in U.S in H1B status without a job, you are all good. Here is what you can do. Initiate the H1B transfer to Company B. There is a premium process that will get you the result within 15 days. If the H1B transfer is successful, then quit the current employer (serve any notice period if you have to). Leave the country (Don't stay in U.S in H1B status without a job). Re-enter back on a valid H1B visa (you can use the existing H1B visa in the passport if it will be valid as of the date of your return) and with Company B's petition and start working for them.
    Not a legal advice. Use of this information is strictly at your own risk.

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