Take unpaid vacation between H1B transfers

[goodboy1808]

Hello,

 

My H1B transfer has already been initiated to company B in PP. Once I get approval, can I resign from my current job and take a week unpaid leave and then join company B ? Will there be any issues with this? Also, Company B is going to start my GC within first month, do you think there can be issues with an unpaid leave taken?

 

Thanks for your help.

[jairichi]

A week might be fine.

[JoeF]

Once the new H1 is approved, you have up to 6 weeks to join the employer.

20 CFR 655.731:

"(6) Subject to the standards specified in paragraph ©(7) of this section (regarding nonproductive status), an H-1B nonimmigrant shall receive the required pay beginning on the date when the nonimmigrant “enters into employment” with the employer.
    (i) For purposes of this paragraph ©(6), the H-1B nonimmigrant is considered to “enter into employment” when he/she first makes him/herself available for work or otherwise comes under the control of the employer, such as by waiting for an assignment, reporting for orientation or training, going to an interview or meeting with a customer, or studying for a licensing examination, and includes all activities thereafter.
    (ii) Even if the H-1B nonimmigrant has not yet “entered into employment” with the employer (as described in paragraph ©(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by DHS, whichever is later. Matters such as the worker's obtaining a State license would not be relevant to this determination."

[goodboy1808]

Hi JoeF, jairichi,

 

Thanks for your replies. I agree that I have upto 60 days to join the new employer. But if I remain unpaid during 1 week, is that ok? I am not considered out-of-status right? 

 

Thanks.

[JoeF]

Yes, that is fine.