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Last Date of Employment - Out of Status?

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  • Last Date of Employment - Out of Status?

    Hi ,

    I currently work for company A.

    I got an offer from company B and H1B transfer is approved.

    My start date with company B is Oct 7th.

    I would like to give my resignation to company A with last day as Oct 2nd. If I give Oct 2nd as my last day, will I be out of status on Oct 3rd and Oct 4th?

    Is it safe to give last day as Oct 2nd or Oct 4th?

    Please let me know.

  • #2
    A gap of a few days is okay, but don't stretch it beyond 1 week.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by h1busybee View Post
      Hi ,

      I currently work for company A.

      I got an offer from company B and H1B transfer is approved.

      My start date with company B is Oct 7th.

      I would like to give my resignation to company A with last day as Oct 2nd. If I give Oct 2nd as my last day, will I be out of status on Oct 3rd and Oct 4th?

      Is it safe to give last day as Oct 2nd or Oct 4th?

      Please let me know.
      Hello, H1busybee.

      Please do not take chances with H1B visa by introducing a gap in your employment. It is good that your visa is approved, but let's say if you were to transfer from Employer B to Employer Z, and if you are asked to submit your joining date proof, then this 2-3 whatever (even 1 day) gap could actually cost you your valid Status. I have heard stories of people being served notice and asked to leave the country for being out of status for 1 day.

      If you want to take a few days off, that is fine (reach some understanding with your employer), but on paper, please do not have any gap in employment.

      Hope this helps.

      Cheers,
      These are my personal thoughts. I am not a professional.

      Wishing you luck.

      Comment

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