travel before joining new employer after resigning from current employer on h1b

[chnrbk]

Hi,
I am currently working for an employer A on H1-B visa status and got an offer from employer B. Employer B agreed to jo in their company after my visa got approved and also they are fine with 3 weeks notice from the H1-B visa transfer apporoval date on USCIS web site.

Now I am thinking to give 2 weeks notice to my current employer A,and use that extra 1 week(or max 10 days including weeknds/holidays) to travel to India with dependents before joining the new employer.

Please advise
1) if that is legal to travel India without on pay as technically not working with employer A or B ,but has valid petition with new employer. if legal, how many days maximum I can stay out of USA without pay.
2) if suppose , not travelling and planed to just take vacation within USA? is that legal? and how long(1 week or 2 weeks..) I can stay in USA.

Thanks in advance.

[chnrbk]

Can anyone, please help me

[raghvi]

Hi,
I am currently working for an employer A on H1-B visa status and got an offer from employer B. Employer B agreed to jo in their company after my visa got approved and also they are fine with 3 weeks notice from the H1-B visa transfer apporoval date on USCIS web site.

Now I am thinking to give 2 weeks notice to my current employer A,and use that extra 1 week(or max 10 days including weeknds/holidays) to travel to India with dependents before joining the new employer.

Please advise
1) if that is legal to travel India without on pay as technically not working with employer A or B ,but has valid petition with new employer. if legal, how many days maximum I can stay out of USA without pay.
2) if suppose , not travelling and planed to just take vacation within USA? is that legal? and how long(1 week or 2 weeks..) I can stay in USA.

Thanks in advance.

1. Yes it is fine. There is no set limit as such, but of course the limit has to be practical, you should not stay out for a year and try to re enter with a 1 Year old offer letter from B.
2. While in US on H1, you have to be on payroll of a company. Even if on a vacation it should be associated with paid/unpaid vacation of an employer.

This is my opinion not legal advice.

[chnrbk]

1. Yes it is fine. There is no set limit as such, but of course the limit has to be practical, you should not stay out for a year and try to re enter with a 1 Year old offer letter from B.
2. While in US on H1, you have to be on payroll of a company. Even if on a vacation it should be associated with paid/unpaid vacation of an employer.

This is my opinion not legal advice.

Thanks Raghvi for your response. Also, I have few more queries 3) & 4) can you please help me


I am currently working for an employer A on H1-B visa status and got an offer from employer B. Employer B agreed to jo in their company after my visa got approved and also they are fine with 3 weeks notice from the H1-B visa transfer apporoval date on USCIS web site.

Now I am thinking to give 2 weeks notice to my current employer A,and use that extra 1 week(or max 10 days including weeknds/holidays) to travel to India with dependents before joining the new employer.

Please advise
1) if that is legal to travel India without on pay as technically not working with employer A or B ,but has valid petition with new employer. if legal, how many days maximum I can stay out of USA without pay.
2) if suppose , not travelling and planed to just take vacation within USA? is that legal? and how long(1 week or 2 weeks..) I can stay in USA.


3. Do I need to go for visa stamping to enter US again if go out of US after I get my approved petition as I already have valid visa till Sep 2015 from my current employer A.
4) My dependents will be still having visa with my old employer, so do i need to get them transferred as well before travel out of USA . they also have valid visa for next 1 year?

Also, is there any section/site such USCIS that details all this information.



Thanks in advance

[Andrew829]

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