H-1B transfer Receipt and Out of Status?

[anilmurthy]

Hi Experts,

I have been following this forum for a while and I thought I know all about H-1B. I was wrong. Need help from you folks.

I am laid off and my last day with the current employer is 12/30 and I initiated the premium H-1B transfer to another company. The new company insists on getting the H-1B transfer approved before I start the employment with them. (H-1B transfer receipt is not good enough for them).

The H-1B transfer receipt is expected some time in the week of 12/19 and the approval notice is expected sometime in January 1st week. Lets say, my joining date is on Jan 9th.

My questions are:
1. Am I out of status between Dec 31st and Jan 8th?

2. I will get the H-1B transfer receipt on December 3rd week. In that case, will I maintain the legal status even after Dec 30th even if I dont join the new company till Jan 9th?

-Anil.

[shekar11#]

1. No.

2. Yes.

[anilmurthy]

Thank you Shekar11#.

Now, there is a change of plan. H-1B receipt is expected on Jan 5th (due to holidays). My last date with current employer is Dec 30th.

so, I am out of status between Dec 31st and Jan5th. Am I correct ?