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Duration you have to begin work after a H1B transfer.

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 Will this put me out of status since after resignation from Company A I assume my H1B with them is no longer valid.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.

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

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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