Break between Quitting Current employer and Joining new employer with in US

[Kushal662]

HI,  my current H1  extension is in RFE and I94 is expired. I am joining new company on Tranfer Recipt notice. My last working day is on Friday and I am joining the new employer on Tuesday. there is a gap of 3 days.

Would this 3 days be considered out of status as my I94 is already expired ? Will there be any future problems because of this ? If there is a issue what is the best way to avoid/resolve it ?

Thanks

[care_candidate]

Yes, you will be considered as out of status. Unless you have something permanent or special condition, you should never have a single day gap. This may haunt you forever during any application you make for immigration and lower your chances of approval.

You will have to find the way to avoid it. You can explain your situation to employer.

Also, have you received just a receipt notice I-797C or an approval in the form of I-797A or I-797B? If you haven't received one of later two, it is not approved and switching employer is not allowed as you I-94 is expired too.