URGENT: H1B Transfer Issue- OUT OF STATUS-Need Help


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Hi,

 

I am in a situation of H1B employer change issue.

 

I entered USA with one employer and my stamped visa was valid till SEP 2015. I changed the employer to Company A in May 2015. I got approved petition and new I94 valid till 2018.

 

 

Currently ,I am working in client location through company A.

 

Due to some reason, I have decided to change from Company A to Company B

(Company A and Company B are working for the same client).

 

Client manager is ready to rehire to my same position through Company B. But as per client organization rules, I have to sit out from job for 30 working days for this internal change (30 Days=Gap between resignation day from Company A and rejoin date through Company B).

 

Consider my last working day in Company A is OCT 7th and rejoin date Nov 21st (30 working days gap)

 

Company B is ready to start my transfer process (Normal processing) two weeks before Oct 7th (That means I will get petition receipt before OCT 7th). But Company B told me that there wont be any pay for the period from OCT 7th- Nov 21st.

 

So in this scenario, I have some questions, please help.

 

1) Since there wont be any pay from OCT 7th - Nov 21st, I will be in OUT OF STATUS? It will effect my green card processing in future?

   a) If I will be in OUT OF STATUS due to above reason, what is the best way to avoid that?

2) I should not leave USA till the H1B transfer completes and I get the approved I797. Is that correct?

3) Any other things I need to take care while this transfer situation?

 

 

Thanks

Cool USA

 

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