Staying in the US during a long gap between two H1B jobs

[jshading]

I plan to leave my current employer in 3 weeks, by which time my new employer should have already filed an H1B transfer for me. I plan to start working for the new employer 12 weeks after I leave the current employer, so that I can take a break between the two jobs (my new employer agrees to it). Can I stay in the US legally in that 12 week period?

 

I've done some research on this and some people say that if you have a petition on file within ten days of the time that you stop working for your current employer, you will be considered to be in status until a decision is made on the new petition. Once it is approved, you have 30 days to start working for the new employer. Some even say that there is no time limit as to when to join the new employer once the petition is approved - it's all between you and the new employer. Is there some truth to these statements?

 

Thank you!

[jairichi]

Yes, you can provided new employer pays your salary for those 12 weeks.

[pontevecchio]

If the new employer files and gets the petition approved say by PP you can then have 60 days to report during which you can also work off your notice.

[JoeF]

Yes, you can provided new employer pays your salary for those 12 weeks.

 

That would then be a paid vacation. For 12 weeks, would be nice to have ;)

[chakrakr]

You have 60 days to join the new employer.  But 12 weeks will cause a violation

[jairichi]

That would then be a paid vacation. For 12 weeks, would be nice to have ;)

I agree and what a nice a way to start your new employment :)

[JoeF]

You have 60 days to join the new employer.  But 12 weeks will cause a violation

 

He has 60 days to report to work once the H1 is approved. If he leaves the old employer while the H1 for the new employer is still pending, and doesn't start working for the new employer immediately, that's a violation.