H1B Job Change

[aravias]

While on H1B visa, legally is it okay to have a few days break in between when changing jobs after the H1B visa with companyB has been approved while working for companyA. For example, let's say my last date with companyA is November 23rd 2012 and I join companyB in December first or second week with 1 or 2 week's break in between the job change for the moving and all that from east coast to west coast, I just wanted to check is that okay when changing jobs.

[rahul412]

While on H1B visa, legally is it okay to have a few days break in between when changing jobs after the H1B visa with companyB has been approved while working for companyA. For example, let's say my last date with companyA is November 23rd 2012 and I join companyB in December first or second week with 1 or 2 week's break in between the job change for the moving and all that from east coast to west coast, I just wanted to check is that okay when changing jobs.

That should be fine. But that vacation should be paid vacation, bcos in H1 you need to get paid regularly.

[pontevecchio]

"DOL 30/60-Day Rule

If the H1B worker does not enter into employment, as defined above, and is present in the United States, then the DOL's 30/60-day rule will apply. The relevant DOL regulation states that if the H1B worker does not enter into employment, the H1B employee must be put on the employer's payroll and be paid the full required LCA wage on the 30th day after the employee entered the U.S. in H1B status. If the H1B worker was already in the U.S. when the H1B petition was approved, s/he must be paid the full required LCA wage, at the latest, by the 60th day after the date when the worker became eligible to work for the employer. The worker is considered eligible for work on the start date listed on the approved H1B petition or the date that the H1B petition is approved, whichever is later. Thus, the wage obligation must begin, at the latest, 60 days after the start date of the approved H1B petition."

[aravias]

thanks and my lawyer said the same thing.