H1-b gap between layoff and new employment

[amalea09]

My old company happened to lay me off on the Friday before the Monday that my new company filed for my H1-b (Email notice says received on Monday and online status said Tuesday).

My start date at new company is likely to be a month later after premium processing being approved. I’ll remain on my old company’s payroll until end of month and they said they’ll notify DoL after that.

1. Is the gap considered payroll date - start date, or layoff date - start date, or layoff date - receipt date? Or the termination date is up to my old company’s choice?

2. If the gap is considered layoff date - start date (approximately 30 calendar days), would there be any concern about later green card application?

3. Should I start at the new employee ASAP? They don’t know that I’ve been laid off yet. (Me looking for a new job had nothing to do with the layoff.)

 

Thanks a lot!