H1-B visa transfer gap between two employers

Asked 7 months ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

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    Answered . 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... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    2

    Answered . 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... more
  3. Anu Gupta

    Pro

    Contributor Level 19

    1

    Best Answer
    chosen by asker

    Answered . 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.
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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... more

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