Maintaining status on H1B Visa

[goutham31]

Gurus,

 

My question is regarding maintaining status during H1B Visa. I completed my Masters in the US and had my H1B visa approved last year, valid for 3 years from Oct 2013 until Sep 2016. I am working for employer 'A' now which holds my H1B visa. I have received an offer from employer 'B' and they are going to file for my H1 next week through regular processing. They anticipate to get the receipt number from USCIS in 2-3 weeks after the filing for H1B. I would give 2 weeks notice to my employer 'A' once I have the receipt number from employer 'B'.

 

My concern is my employer 'A' is located on the East Coast and employer 'B' is located on the west coast. I plan to take 1 week break after I officially terminate my employment with employer 'A', to ship my car from east coast to west coast, fly and move-in to the new place on the west coast. Would I be on a legal status during this 1 week period? Is it safe even to take this break? If not, if my last work date with my employer 'A' ends on a Friday, should I be starting work with my new employer 'B' on the preceding Monday? Please let me know.

 

Thanks for your time and help!

[goutham31]

Could someone please respond to my query?

 

Thanks a ton!

[JoeF]

That's not a problem. You have up to 60 days to report to work for the new employer.

[goutham31]

Thanks a lot, JoeF!

 

So, if taking this 1 week break after I officially terminate my employment with employer 'A' is not an issue, what status would I be exactly on during this 1 week period?

 

Thanks,

G.

[JoeF]

Thanks a lot, JoeF!

 

So, if taking this 1 week break after I officially terminate my employment with employer 'A' is not an issue, what status would I be exactly on during this 1 week period?

 

Thanks,

G.

You are in H1 status.

The relevant rules are in 20 CFR 655.731:

"(6) Subject to the standards specified in paragraph ©(7) of this section (regarding nonproductive status), an H-1B nonimmigrant shall receive the required pay beginning on the date when the nonimmigrant “enters into employment” with the employer.

    (i) For purposes of this paragraph ©(6), the H-1B nonimmigrant is considered to “enter into employment” when he/she first makes him/herself available for work or otherwise comes under the control of the employer, such as by waiting for an assignment, reporting for orientation or training, going to an interview or meeting with a customer, or studying for a licensing examination, and includes all activities thereafter.

    (ii) Even if the H-1B nonimmigrant has not yet “entered into employment” with the employer (as described in paragraph ©(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by DHS, whichever is later. Matters such as the worker's obtaining a State license would not be relevant to this determination."

[goutham31]

Thanks for the clear explanation, JoeF!

 

THANKS,

g.