I am currently working for Company A under H1-B (starting Oct 1, 2013) and have secured a job with Company B. Company B has already filed for my H-1B transfer and told me that the rule is you can commence employment with your new employer once your H-1B change of employer/petition is received by US Immigration for processing. I have already given a notice to my current employer which ends on March 12th. They have been kind enough to let me work after that if I want to. However, they need a specific end date.
My question is if I leave Company A on March 12th and then join Company B whenever the receipt comes (hopefully no later than March 17), is it legally fine if I have a gap between my end date at A and start date at B? If not, I will confirm my end date with A to be March 12th
If the H1 was filed already, you should get the receipt in a few days. Suggest you wait till then before you resign.
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Any time you work energetically to remain in the United States legally as a H1B holder, use only the counsel of record for any relevant inquiries.
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That should be fine. Your new H-1B with Co. B will only be "activated" on the day you start working on its payroll. There isn't really going to be a "gap" here, since you will not remain "unemployed" or "inactive" in the period when you switch between the two employers but will continue working for the first one a little longer. No big deal or a problem with USCIS. If ever asked or challenged, you'll always be able to explain you didn't want to leave "A" stranded and completed your work there before switching to B.
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They told you correctly, company B did. You will be OK. You need can start with B at any time prior or upon approval of the I-129.
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