Difference of time between last paystub from previous employer and current employer

[bipinkumar]

My last paystub from my previous employer was March 29. After that, my new employer applied for a general H1B transfer (not premium), which was rejected saying that the cap limit exceeded which is not a valid reason since this is a transfer and not new sponsorship. The lawyer sent the application once again and this time the I797 acknowledgement came with a date of April 30th.

The first payroll with my new employer is May 24. This is a big difference of almost 2 months and my H1B transfer is still pending approval. I will be travelling to India in June. Will this be a problem at the port of entry?

[t75]

You cannot enter without approval in hand. Since your new employer did not file until after your last day of work with old employer, you have the same problem no matter how long the unpaid period. Did you not begin work on May 1?

[bipinkumar]

You cannot enter without approval in hand. Since your new employer did not file until after your last day of work with old employer, you have the same problem no matter how long the unpaid period. Did you not begin work on May 1?

I began work on May 1st. But I don't have the approval in hand. It is still in pending state. I did not understand when you said "you have the same problem no matter how long the unpaid period". What is the "same problem"? I have the approval of my previous employer until October. The current employer's H1B is pending. Are you saying that I need the approval of the current employer's H1B at the poe because my current employer filed my H1B transfer only after the last day of my employment?