How to avoid out of status while transferring H1 B


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Hello,

 

I am in a confused situation of transferring from my H1B from company A to company B inside the same client. Client is OK with this transfer; but as per client rule I need to resign from Company A, then stand out for 30 days and get rehired thru Company B. Client is ready to hold my current job position for 30 days. Company B is ready to initiate my H1B transfer before my resignation.

 

I am concerned about these 30 days,

 

If I am opting for this transfer, I will be on OUT of STATUS for this 30 days ? (I am having I94 till 2018)

If Yes,

a) What are the cautions I need to take care for these 30 days not to have out of status? I need to ask company B to run my pay roll for these 30 days? (But I don't know they will give the salary since I wont be working on those days with client)

b) For these 30 days, I need to pay income tax out of pocket?

c) These 30 days will have impact on my green card processing in future?

 

Thanks

CoolUSA

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  • 2 weeks later...

You do NOT pay income tax "out of pocket." That would be illegal.

You either have to get paid for real by the old employer or the new employer, or you have to leave the country.

If you don't have a valid visa, you would have to wait for the approval of the new H1 petition, and you can get a new visa with that.

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