H1B transfer Vs New H1B filing

[jatinhpatel]

I am currently working in company X. I got an offer from company Y now. If I inform my current company X about my new offer and willingness to move to Y, they might terminate job immediately. In that case, company Y will not complete H1B transfer and X will terminate the job. If this happens, I will have some bench time before I can join Y.

So if you have some time gap between employment while doing H1B transfer, would that be considered new H1B filing ? Would this require new H1B filing as technically you have no job while company Y files for your H1B.

Please help out.

[livliv]

As long as Y's petition is filed before your last day of work at X, you are fine. (Filing receipt date is considered for this purpose).

You can inform X after Y receives a receipt for their petition.

If you want to be fully safe, inform X after Y receives approval for their petition.

[wiweq]

You cannot have time difference between two H1b statuses. Once you are terminated from H1b job and have not started working for new H1b employer or no other COS is process you will be considered out of status. Best bet, ask your new employer to file your H1b in PP. Employee can also pay PP fees ($1,225) legally. Once H1b approved resign from old employer and join the new one. Even you can join the new employer on H1b receipt, I always suggest joining the new employer after H1b approval only. This makes life easier.