Duration you have to begin work after a H1B transfer.

Asked almost 2 years ago - Philadelphia, PA

I am about to resign from Company A and move to Company B. I have received the recipt from USCIS so technically I can begin work at Company B. My resignation date in Company A is Jan 11th and start date in Company B is Feb 11. Can I start anytime I like or I must start immediately? What if I move my start date to march? Will this put me out of status since after resignation from Company A I assume my H1B with them is no longer valid. While the H1B for Company B is valid, I have not began work with them and do not until Feb 11 and will not receive any pay stub during till I begin. Am I violating USCIS H1B terms here? Company A is in PA and Company B is in California. Thanks for any answers in advance.

Additional information

Thanks for the response F. Capriotti. Company B is paying for relocation but I am concerned about USCIS. Just want to make sure I am not out of status. What if I resign Jan 18th and start Feb 4th?

Attorney answers (1)

  1. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees


    Answered . Wow ... these are a lot of questions ... demonstrating that this can be quite complicated.

    You need to talk to the Company B immigration attorney. Normally there are no grace periods (ie: you shouldn't be w/o work from Jan 11 to Feb 11 ... much less March.)

    I understand that some time is needed to move ... see if company B is willing to pay for moving expenses and if the lawyer agrees that this is part of the normal company employee benefit program.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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