Please reply : Out of status days between 2 H1B's


bangaloreguy78

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Posted

Hi,

I work for company A now. 

- Company B files for H1B transfer with premium processing on 12th September. I get receipt by 14th or so.
- I get terminated on 18th September from Company A.
- I can join company B only on 29th September (as per Company B directive)

From 19th - 28th , 6 working days, am I out of status ? My H1B petition is still getting processed, but I am not employed by any company.

What happens if I get RFE/denial between 18th & 27th ? At this point, I am not employed with either company. 

Please reply. Thanks.

Posted

1. As a H1B petition is in progress you will be in valid status.

2. If RFE there is no issue other than employer has to respond to RFE. If denied you will have to leave the country immediately.

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