H1-B TRASFER: GAP BETWEEN RESIGNATION AND NEW EMPLOYMENT

[gk2019]

Hi,

I'm working for Company A (Staffing firm) with Company B as Client. I have valid H1B visa stamped and I94 (from Company A) which is valid up to Jan 2021.

Recently I got a new full-time opportunity with Company B and they are planning to do H1B transfer. My staffing company A had an NDA with Company B with that I cannot join Company B without Company A approval. After series of discussions, now Company A agrees with one condition. I must put resignation from Company A and wait for One Month before joining Company B.

Company B agrees to do my H1B visa transfer before the resignation. I will join Company B only after H1B transfer approval from USICS. If H1B transfer is denied, I will continue with Company A.

If transfer got approval,

1. Not having job for one month while on H1B? Am I violating any laws?
2. Am I out of status for that duration?
3. Are there any issues with this in future? (Say GC process)
4. Any other issues in this approach?

Thanks in Advance.

[JoeF]

There is a 60 day grace period...