H1b transfer, when to resign

[MrSedona]

Currently on H1b visa expires June 30 2012 with a marriage to USC based AOS pending, AP and EAD still pending.

My current employer has filed for an extension for 6/30/2012 to 7/1/2012 and I have accepted an offer from another employer that will file an H1b extension petition before the June 30 2012 expiry. The start date with the new employer is Aug. 1, 2012. Since we will be relocating to a different state, when would be a safe date for me to resign from my current employer?

I've searched online, wanted other opinions. TIA!

[MrSedona]

Just to clarify, my specific question is:
Can I resign from my current employer 2 weeks before my start date with the new employer.

[shervin143]

When you are in H1B you need to be working and getting paid. If you resign the current employer and join the new one after 2 weeks, you will be considered out of status for thouse 2 weeks. A couple of days between jobs are okay. Out of status for 2 weeks is a long period.

[MrSedona]

I understand that. I'm trying to find a way to get a few days off for moving 1300 miles. My current employer will not give me 2 weeks off, I might be able to get 2 days off if I am lucky.

What suggestions do you have? My start date is Aug 1st, July 20th would be 5 works days and 2 days vacation, 4 weekend days..is that feasible? Or July 23rd would be 3 work days, 2 days paid vacation, 2 weekend days?

[shervin143]

Well, here is an option. But I don;t know if it will work for you.

Take a vacation, move your stuff, return back to work and then quit the job. That way, the gap between your last job and the new one will be less rather than 2 weeks.

I understand that. I'm trying to find a way to get a few days off for moving 1300 miles. My current employer will not give me 2 weeks off, I might be able to get 2 days off if I am lucky.

What suggestions do you have? My start date is Aug 1st, July 23rd or 25th to leave my current employer?

[MrSedona]

Thank you for that suggestion. I would have to drive 42 hours round trip to move my family, that's about all the vacation days they will give me..2 days so I'm not sure how that would work. Do weekends count toward out of status days?

[shervin143]

No.

Do weekends count toward out of status days?

[MrSedona]

Thank you! That's good to know.. 4 days to move is better than 2. I was thinking about the scenario of the family and two critters arriving at the house with no power and all furniture in the truck, then working at a new job the next day. . Which would be worth the trouble if it means the H1b transfer is not compromised. I know I have an AOS pending from my USC spouse but I understand that's a whole other process from the H1b transfer.

[happybuddha]

The way I did it and I was told how people generally do it is, to resign on a Monday so the Friday in the next week is your last working day with Monday in the following week your first day at work at your new job. Two days (plus some reasonable hours on Friday) are usually more than enough for a person/family to move. And as Shervin said, weekends are not counted towards out of status.

[MrSedona]

Thanks for the reply! We'll drive over the weekend (2 day drive) and hopefully I'll get Monday, Tuesday off from my current employer then start working Aug. 1st with my new employer so that the H1b transfer is not compromised.