tomsawyer88 Posted November 16, 2016 Report Share Posted November 16, 2016 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. Link to comment
pontevecchio Posted November 16, 2016 Report Share Posted November 16, 2016 You could have up to 60 days to join B after approval. Link to comment
JoeF Posted November 16, 2016 Report Share Posted November 16, 2016 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. Link to comment
tomsawyer88 Posted November 17, 2016 Author Report Share Posted November 17, 2016 Thanks @JoeF and @pontevecchio . Yes, I plan on leaving only after H1B approval for company B. Link to comment
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