No it is not fine. You may be unemployed for ZERO days.
With that said USCIS has been known to look the otherway ... in SOME cases. And unfortunately, there is no way to know which case they will look the otherway on?
Talk to the company's immigration lawyer.
Consider a 10 day vacation outside of the US.
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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
It is not fine. THe instant you are unemployed you are out of status. DId the new company also obtain an H1B for you? If not, you would be working illegally and out of status. If yes, your best option is to take a 10 day vacation outside the US, but you will have to get your visa stamped to re-enter.
You should be able to do a change of status on your H-1B. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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