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Take off between jobs on H1B

Bloomington, IL |

I'm on H1B status and I'm working for Company A. I got an offer letter from Company B. I'm expecting the receipt number from USCIS next week and my joining date is two weeks after that. I heard that I can start working for Company B after I receive the receipt number. Can I take off (say for a week or 10 days) after I get the receipt number from USCIS and before joining Company B. I'm not planning to go anywhere outside the country though. Is it legal to stay in states on H1B without getting paid?

Attorney Answers 4


  1. Clarify the above scenario with the attorney of record who prepared your H1B filings to advise your accurately on your prospective plans after that counsel review the relevant documents in person.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a 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 professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. I agree with my colleague ... talk to the company lawyer.

    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.


  3. I, too, agree.

    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.


  4. Possibly yes, but it would have to be carefully structured so the start date on the h1b leaves no gap but allows you to take time off. The only way you can be "between jobs" is if your i94 remains valid. However, any answers you get here are speculation and you should definitely contact Company B's attorney for more specific advice.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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