Change of employers on H1B

[sumsriva]

Is it necessary work until the very last day with Employer1 when one is going through a change of employer process?

Changing from Employer A to Employer B - Visa transfer done - Can i resign a week earlier than the next job start date?

I do not plan to travel outside US.

Do you guys think it's a problem? Please help.

Thanks!

[txh1b]

Depends on how long the gap is. If it is a few days, since the visa transfer is done, it may go unnoticed. Better if you do not do it on the side of caution as you never know how strict USCIS is going to get in the future.

[sumsriva]

Thanks for your response.

Since it wont be over a week, I was under the impression that it wont be an issue.

Also, do you foresee a person not being on a payroll for a week would be a problem because thats essentially whats happening.

All i want is a week vacation between jobs, i guess I'm not asking for lot

[VJB]

How about a break during the weekend?

[shervin143]

Weekends and national holidays are not considered as a break in employment and they are not a cause of concern for being out of status between employment.

How about a break during the weekend?

[sumsriva]

but.. do you think being out for a week is a matter concern?

[shervin143]

It certainly can be an issue. It all depends on the officer who handles your case. You will have to answer YES to the question "Have you ever violated your status while you were in U.S" while filling out DS160 or while filing petitions with USCIS. If you answer NO, that will be a false information and if figured out that can have bigger impact for giving false information. If you answer YES, then it totally depends on the officer who handles your case. So it is better you try to avoid out of status period. Looking into your W2's will clearly show when you were out of status.

but.. do you think being out for a week is a matter concern?

[fundo_h1b]

It certainly can be an issue. It all depends on the officer who handles your case. You will have to answer YES to the question "Have you ever violated your status while you were in U.S" while filling out DS160 or while filing petitions with USCIS. If you answer NO, that will be a false information and if figured out that can have bigger impact for giving false information. If you answer YES, then it totally depends on the officer who handles your case. So it is better you try to avoid out of status period. Looking into your W2's will clearly show when you were out of status.

I am in a similar situation. My last day at company A is 10th August (Friday) and the joining date at Company B is 13th August (Monday). There is a gap of two days (Saturday and Sunday) that will appear on my W2s.

1. Is it OK to leave this gap as it is and join on 13th August itself?

2. How about negotiating with Company A for 13th August itself as last day and taking a day off on 13th August. That way I could join at Company B on 13th August itself? Is it legal? Will it cause any problems in future?

Kindly suggest.

[shervin143]

I am in a similar situation. My last day at company A is 10th August (Friday) and the joining date at Company B is 13th August (Monday). There is a gap of two days (Saturday and Sunday) that will appear on my W2s.
>>> Weekends and national hoildays are not counted as out of status period.

1. Is it OK to leave this gap as it is and join on 13th August itself?
>>> 2-3 days is no big deal.

2. How about negotiating with Company A for 13th August itself as last day and taking a day off on 13th August. That way I could join at Company B on 13th August itself? Is it legal? Will it cause any problems in future?
>>> You cannot work for two employer on a particular day. Leave the current employer on 10th (Friday) and join the new employer on 13th (Monday) and you are all good.

[fundo_h1b]

Many Thanks..