H1B Transfer - Last Working Day Vs Last Paycheck Day


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This is regarding H1B transfer.

My last day of working with current employer is 6th October, 2014.
I will get my last paycheck on 24th October, 2014 with final settlement.

My new employer has given me offer but not yet filed H1B transfer petition.  If my new employer files my petition after my last working day (6th October) but before my last paycheck (24th Oct) will that be fine ?  OR  I will be in the risk of getting RFE ?

Out of status is from last working day or from last paycheck date ?


Should I expect my petition to be approved OR shall I leave the country after 6th October ?

Any information in this regard will be very helpful ...


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Employer-employee relationship will be broken on October 06, so this will be your last day on your H1b. From Oct 07 you will be out of status unless you get another employer to file your H1b or COS to other status. 

Oct 24 paycheck wont have any problem. This money you made while working on legal H1b status, so its fine. 

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  • 2 weeks later...


I believe as of today you must have applied? 


I really want to tell based on my experience and from my attorney's other cases, do not take a risk of joining Employer B until you received the approval notice for B. I understand that it usually doesn't happen and we just start working for employer B as soon as we get the petition receipt number. 


You will be in status at least if you initiate the transfer process and get the receipt number for petition of employer B before the last working day with Employer A. 


But a Gap of 1 week in not a major deal and attorney can handle that Gap while sending your petition by putting appropriate in a letter stating your situation. 

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