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  • Gap of 1 working day between companies

    Was working for company A.
    Company B applied for H1 and got approved on Nov 23rd.
    Both of them are direct employments.

    Told Company B that I will give last day at Comp A on Dec 20th last year and join Company B on Dec 26th even though Dec 23 is a working day because it will help me relocate.
    Company B HR seemed fine and she said sure, not a problem.
    Today, I realized that my payroll will start 26th onwards...
    When I asked HR, she forwarded the email to Attorney, who says its OK that I have 1 day gap and that since H1 was approved, it will not be a problem.

    Could some one tell me if I will have issues with stamping or GC process?

    Please see below for the time line:

    Dec 20 - Last Day at Company A, friday.
    Dec 21 - Saturday
    Dec 22 - Sunday
    Dec 23 - Monday, as mentioned, I was involved in relocation and did not join.
    Dec 24 - Christmas Eve
    Dec 25 - Christmas
    Dec 26 - Joined Company B

    Really panicking here...Please help so I can see if I can do anything about it....

    Thank you.

  • #2
    Originally posted by snickers23 View Post
    Was working for company A.
    Company B applied for H1 and got approved on Nov 23rd.
    Both of them are direct employments.

    Told Company B that I will give last day at Comp A on Dec 20th last year and join Company B on Dec 26th even though Dec 23 is a working day because it will help me relocate.
    Company B HR seemed fine and she said sure, not a problem.
    Today, I realized that my payroll will start 26th onwards...
    When I asked HR, she forwarded the email to Attorney, who says its OK that I have 1 day gap and that since H1 was approved, it will not be a problem.

    Could some one tell me if I will have issues with stamping or GC process?

    Please see below for the time line:

    Dec 20 - Last Day at Company A, friday.
    Dec 21 - Saturday
    Dec 22 - Sunday
    Dec 23 - Monday, as mentioned, I was involved in relocation and did not join.
    Dec 24 - Christmas Eve
    Dec 25 - Christmas
    Dec 26 - Joined Company B

    Really panicking here...Please help so I can see if I can do anything about it....

    Thank you.
    USCIS is lenient in terms of such very brief period of out of status, its extremely rare that you would be impacted negatively because of this.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      USCIS is lenient in terms of such very brief period of out of status, its extremely rare that you would be impacted negatively because of this.

      This is my opinion not legal advice.
      Thank you for the reassurance. I am planning to ask my manager to see if there can be some leniency in this regard. Because on paper, it looks like I have 5 days break when 4 of them were holidays. When I asked the HR lady back then initially, it seemed like she understood that I was asking for "day off" on 23rd....Infact, the letter she sent for offer had "pay period of 23-31st will be paid on so and so date"...so I thought I was going to be covered....I am just exhausted with all the catch ups I have to do....Anyways, sorry for this long post and thank you for your response...

      Comment

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