Taking time off when switching employers


tomsawyer88

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I had a question about the legality of this situation : I plan on leaving company A and joining company B for which the H1B transfer has begun. I wanted to ask if I could take 2 days off between leaving company A and joining company B since during this time I will not be on either A or B's payroll. I am also concerned that when applying for my greencard , there will be a gap between paystubs if I plan on taking 2 days off in between.

Is there a law which allows me X number of days between employment ? Also, I will be joining company B only after the H1B has completely transferred and a hard copy of the approval notice is received by the lawyers of company B.
Thanks.

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When the H1 for company B is approved, you have up to 60 days to report to work for company B. The H1 has to be approved, though. It doesn't work while the H1 is still pending.

Once you report to work, you have to get paid, of course. That's in 20 CFR 655.731.

This allows for people to move across the country, for example. So, there is no problem with what you want to do.

 

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