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Gap between two employers on H1b

Pleasanton, CA |

I am about to resign from my current company.

I already have approved H1b from my new company.

How long can I take a gap between resigning from current and joining new company?

I have some travel plans within USA

And new company has agreed for my joining on 29th April.

I leave my current company on 29th March.

Will this gap ever effect during my Greencard processing?

Please help me with this question.

Attorney Answers 4

Posted

Technically you are out of status when your employment end. You the have reasonable time to leave the country. IN your situation, however, I think you are OK. It is somewhat unclear but I think you would be fine. As far as a green-card is concerned, I do not think it is a problem because of the INA 245(k).

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

It could. Vacations in the US are typically a maximum of two weeks.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

I agree with Attorney Segal.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Posted

Though the out-of-status may not affect GC down the line, you still are on a non immigrant visa when in the U.S. You are required to maintain status. Upon quitting your employer, you will be out of status unless you immediately join your new employer. If you want to vacation after termination, seek to change status to B-2.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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