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H1-B visa transfer gap between two employers

Rockville, MD |

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

Attorney Answers 4

Posted

If the H1 was filed already, you should get the receipt in a few days. Suggest you wait till then before you resign.

The advice suggested here is for general information only and not to be construed as legal advice.

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Asker

Posted

Thanks a lot for your response! Do you suggest waiting for the confirmation of receipt of petition by USCIS OR waiting for the processing to take place (which could take 2-4 months)?

Anu Gupta

Anu Gupta

Posted

Wait for the receipt.

Asker

Posted

I got my receipt yesterday and will be leaving Company A on Friday (March 14th) and starting my employment with Company B on Monday (March 17th) or Tuesday (March 18th). Thank you!

Posted

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.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Posted

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.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

sufficiently sensible.

Asker

Posted

Thanks a lot for your response! If I do end up continuing for A till I get the confirmation from B, then its fine. But what if I leave A on 12th and, say, the confirmation from USCIS to start working with B comes on 17th. In that case, I would have had a gap of 5 days. Would that create a problem? A is asking me for a definite end date and B is asking me to keep my options open, in other words, not to delay my tentative start date with them which is currently 13th.

Anu Gupta

Anu Gupta

Posted

Absolutely! Also, if you have a moment, would appreciate a small recommendation on Avvo.

Posted

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.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Asker

Posted

Thank a lot for your response! But is it ok if I leave company A on 13th and then start working for Company B on say 17th when they receive a confirmation that the H-1B change of employer/petition is received by US Immigration for processing?

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