Can be valid status if no pay roll generated between moving from one employer to new employer and already new employer filed for H1B petition..?

[krb2112]

Hi, right now Iam with employer A and H1b Extension filed with this employer and have approved peition. Now I got an offer from new employer B and they filed H1B petiton and have the receipt number. Can I come out from employer A and stay in US without pay roll generating till join the employerB process pay roll?

[rksingh]

A reasonable time without pay is acceptable. The exact time allowed is not clear (maybe some advanced members of this forum may have a better idea) however I personally know people who have taken 2 weeks off before joining their new employer.

[Chai]

No problem in your case. You can join new employer as long as 60 days grace period is valid OR I-94 is not expired. Not advisable to depart the US, though. 

[krb2112]

If my dependents travelling to India will it create any problem for filing?