H1B - Taking a break between two Jobs


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Below is my case:

1) I was working for company A and my I140 was approved through it . 

2) I switched to company B on 4 JAN 2019 based on my approved I140 , My 6 years on H1B has been completed .

3) Now I have recently got my I797 approved(H1B transfer) for company C and my joining date is 1 MAY 2019 .

Question : I want to resign from my current company (referred to as B) and get released by 27 March 2019 and then travel to India for 1 month (come back by 27 April 2019).

In India I ll be going for visa stamping for company C that I would not have yet joined and will not have pay stubs and employment verification letter from them (however I have a offer letter and approved I-797) . Will there be any issue ? Is this legal ?

 

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A better approach would be to take off from Company B, go to India, get a visa stamp using Company B petition, come back to the US, quit company B and join Company C.

Your visa would anyways be valid for 3 years if your company B petition is valid for 3 years and you will have all the paperwork in place like paystubs, offer letter etc. from company B when you go for stamping.

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8 hours ago, rohit369 said:

A better approach would be to take off from Company B, go to India, get a visa stamp using Company B petition, come back to the US, quit company B and join Company C.

Your visa would anyways be valid for 3 years if your company B petition is valid for 3 years and you will have all the paperwork in place like paystubs, offer letter etc. from company B when you go for stamping.

No, that's a bad idea, because there is no intent to continue working with B. So, this could be considered immigration fraud.

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  • 1 month later...
On 3/13/2019 at 8:06 PM, JoeF said:

No, that's a bad idea, because there is no intent to continue working with B. So, this could be considered immigration fraud.

How does this amount to fraud? When you are going for the stamping, you are legally employed with Employer B with the payroll running.

 

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