H1B Transfer, gap between employment

[hetch1el2]

Hello,

I am currently on H1B visa with company A. I got a job with company B and they are filing my H1B transfer petition next week. I came to know that, I can switch employers as soon as USCIS receives the application.

 

I want to take break of 2-3 weeks between the jobs as I have to relocate and set up things at the new place. Also, I want to quit my current job with company A as soon as possible.

 

1) So, can I quit my current job immediately after USCIS receives the application and take this break of 2-3 weeks ?

 

2) In case I can take this break, what will be my status during this period ? As I will not be getting paid during this period, should I take health insurance for this period ?

 

Thanks

[jairichi]

1. Yes, you can do so though it is not wise. What will be your status if current employer revokes H1B and new employer's H1B is denied?

2. You will be on status.

[LuckyLoser]

Jairachi ,

 

Good Evening . I am also in the same situation . I got FT with Company B and joining is in July 3rd week . Company B has filed H1B in PP today . I am presently working with consulting company and my project is over last week and I am on bench right now . 

 

Can i inform my present company  about my H1 transfer asap on approval with Company B and stop running my payroll ( I want to avoid paying taxes ) and take a break of 2 to 3 weeks and join Company B .

 

Appreciate your answer . 

[jairichi]

Jairachi ,

 

Good Evening . I am also in the same situation . I got FT with Company B and joining is in July 3rd week . Company B has filed H1B in PP today . I am presently working with consulting company and my project is over last week and I am on bench right now . 

 

Can i inform my present company  about my H1 transfer asap on approval with Company B and stop running my payroll ( I want to avoid paying taxes ) and take a break of 2 to 3 weeks and join Company B .

 

Appreciate your answer . 

Hope that you are paid on bench as otherwise you will be out of status. As you mentioned inform present employer only after H1B approval. You are fine to take 2 to 3 weeks break before you join employer B.

[LuckyLoser]

Hope that you are paid on bench as otherwise you will be out of status. As you mentioned inform present employer only after H1B approval. You are fine to take 2 to 3 weeks break before you join employer B.

Jairichi,

 

What about informing employer after getting receipt from USCIS and taking break . Will i be out of status in this case if my employer dont run pay for me and i am out for vacation 

[jairichi]

Jairichi,

 

What about informing employer after getting receipt from USCIS and taking break . Will i be out of status in this case if my employer dont run pay for me and i am out for vacation 

You will not be out of status as a H1B petition is filed with new employer and you are waiting for a decision from USCIS. And, there is nothing called unpaid vacation on H1B if you stay in US.

[superbhimanshu]

Hi,

I have a similar question. I work for company A and my H1B transfer has already been approved by USCIS for new employer B. Am I allowed to take 7 days of vacation between my last day at A and before joining B? I will be staying in US during that vacation period. Please advice.

 

Thanks a lot

 

Regards,

Himanshu

[pontevecchio]

Re post# 7, you are allowed up to 60 days to join the new employer subject to mutual agreement and hence this is A OK.

[JoeF]

Re post# 7, you are allowed up to 60 days to join the new employer subject to mutual agreement and hence this is A OK.

 

The important difference to the OP is that in this case, the new H1 is already approved. Then the 60 day rule applies.

It doesn't apply to a situation like the OP when the new H1 hasn't been approved yet.

[pontevecchio]

The answer was specifically towards post #7. I cannot help it if people piggy back on another question and confuse everyone.

[JoeF]

The answer was specifically towards post #7. I cannot help it if people piggy back on another question and confuse everyone.

 

Understood. I just wanted to make it clear to reduce the confusion.

[Josh D]

Hi - I was working with company A on  H1-b visa, I subsequently moved to London with the same company (I had used 2.2yrs) on my H1-b. I then left company A and came back to the states to do my MBA, I am mid-way through my MBA and have received an employment offer post graduation. I was wondering if I will be subject to the H1b cap with the new employer or if my new employer can apply for a H1 'transfer'. The time between me moving to London and the new application will be 3 years but my original H1b was not extended or renewed (I worked with it for 2.2yrs).