H1B transfer: gap between jobs

[deep5]

My current job contract ends on June 30, and the new contract with another employer starts 60 days later. The new employer has started my H1B transfer process. Is this 2-mth gap okay (where I will not be an employee of either)?

[hmaster]

It's not ok to be not employed on H1 from a future perspective. The only option is to COS to some other status such as B1/B2, F1, H4 etc and then revert back to H1 once new employment begins.

[Shaunakonline]

One interesting question:

Can he File for h1b transfer right away and WAIT for the approval meanwhile in those 2 months?

Is it legal to stay in USA while the decision is pending on your h1b transfer petition ?

[mbapro]

One interesting question:

Can he File for h1b transfer right away and WAIT for the approval meanwhile in those 2 months?

Is it legal to stay in USA while the decision is pending on your h1b transfer petition ?

Nope.

H1 transfer petition should be applied at the time person X is still employed with his previous employer.

Generally companies are liberal and dont inform USCIS about the termination for few days or months..

[hmaster]

"Can he File for h1b transfer right away and WAIT for the approval meanwhile in those 2 months" yes he can but the new h1 when approved will have a employment start date, he can only start working in accordance with that date. For all the time spent in the US before existing employment end date and new h1 start date is illegal stay or out of status period for him.

So although his new company may file for H1 right away the critical thing here would be the start date the petition has requested. He can ask the new employer to request for an earlier start date but then the question is are they willing to pay him, if no - then same out of status issue and as he can file back wages in future the new company would not risk requesting an earlier start date.