Gap of 1 working day between H1 transfer


snickers23

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Hi,

 

  • I was working for Company A.
  • Company B filed H1 and got approved on Nov 23rd last year.

 

  • I informed Company B that I will work until Dec 20th at Company A and join Company B on 26th because I have relocation to do and it is out of state with holidays and the HR seemed understanding and said it was OK...

 

  • I gave last date of work at Company A on Dec 20th - [Friday]
  • I joined Company B on Dec 26th [Thursday]. Following is the break down,
    • Last day at Company A on Dec 20th [Friday]
    • Dec 21, 22 were Saturday/Sunday
    • Dec 23 was working day at Company B.
    • Dec 24, 25 were holidays.
    • Joined Company B on 26th
  • Now, I asked HR and they said that my paycheck will reflect my start date as Dec 26th.

 

HR talked to the attorney and he supposedly said that it will not be an issue since I have H1 transferred.

 

I am talking to my manager to see if they can consider this scenario...

 

In the mean time, could some one tell me will this an issue during H1 stamping or GC process?

 

I honestly believed that when I talked to HR that she meant that I will be taking "day off" on 23rd but still officially join the company. ugh...I can never coordinate thing right :(

 

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Hi,

 

  • I was working for Company A.
  • Company B filed H1 and got approved on Nov 23rd last year.

 

  • I informed Company B that I will work until Dec 20th at Company A and join Company B on 26th because I have relocation to do and it is out of state with holidays and the HR seemed understanding and said it was OK...

 

  • I gave last date of work at Company A on Dec 20th - [Friday]
  • I joined Company B on Dec 26th [Thursday]. Following is the break down,
    • Last day at Company A on Dec 20th [Friday]
    • Dec 21, 22 were Saturday/Sunday
    • Dec 23 was working day at Company B.
    • Dec 24, 25 were holidays.
    • Joined Company B on 26th
  • Now, I asked HR and they said that my paycheck will reflect my start date as Dec 26th.

 

HR talked to the attorney and he supposedly said that it will not be an issue since I have H1 transferred.

 

I am talking to my manager to see if they can consider this scenario...

 

In the mean time, could some one tell me will this an issue during H1 stamping or GC process?

 

I honestly believed that when I talked to HR that she meant that I will be taking "day off" on 23rd but still officially join the company. ugh...I can never coordinate thing right :(

Well, it is wrong from employer's side to not pay you for 23rd. 24th and 25th. But, it will not affect your H1B or GC process. 

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Thank you everyone for the reassurance. I was planning to go to india and I will have to get stamping, so I panicked that I am out of status.

 

I did not know about the 60 day thing. Also, it did not strike me that technically if they start me on 23rd, they will have to pay me for the 24th / 25th though they are holidays, which is what may be causing their problem to agree about this... I looked at the offer letter they sent me yesterday...though it said 26th as start date, they also mentioned about the pay date starting from the week of...23rd...so if the management does not agree to this, I will show the consulate people about that letter and explain and hopefully, they will understand. But, thank you every one for the information...

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Thank you everyone for the reassurance. I was planning to go to india and I will have to get stamping, so I panicked that I am out of status.

 

I did not know about the 60 day thing. Also, it did not strike me that technically if they start me on 23rd, they will have to pay me for the 24th / 25th though they are holidays, which is what may be causing their problem to agree about this... I looked at the offer letter they sent me yesterday...though it said 26th as start date, they also mentioned about the pay date starting from the week of...23rd...so if the management does not agree to this, I will show the consulate people about that letter and explain and hopefully, they will understand. But, thank you every one for the information...

If it is mentioned specifically as Dec 26th in your offer letter you should not have joined them before that date. Asking will not make them pay you as what is mentioned in paper counts and not any verbal understanding. Forget it and carry on.

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