URGENT: H1 Transfer - Out of Status ?

[Rajat Sapra]

I had originally planned to have my last working day at current employer on 29th May (Friday) and I was planning to join new employer from 1st June (the following Monday).
My current employer decided to release my earlier from duties on 26th May which 3 days earlier than I had planned.
My new employer has already submitted the transfer related documents to USCIS and I have delivery confirmation of documents, so per USCIS regulations I can legally start working at my new employer though it is subjected to ultimate approval of H-1B Change of Employer petition by USCIS.

My questions are:

I am out of status for these 3 days ?
Is this going to be a problem on getting to my new job ?
Is this going to be a problem with my USCIS transfer petition ?
Any suggestions on what I can I do to have remainder of petition approval by USCIS go smoothly?

Thanks

[raghvi]

I had originally planned to have my last working day at current employer on 29th May (Friday) and I was planning to join new employer from 1st June (the following Monday).
My current employer decided to release my earlier from duties on 26th May which 3 days earlier than I had planned.
My new employer has already submitted the transfer related documents to USCIS and I have delivery confirmation of documents, so per USCIS regulations I can legally start working at my new employer though it is subjected to ultimate approval of H-1B Change of Employer petition by USCIS.

My questions are:

I am out of status for these 3 days ?
Is this going to be a problem on getting to my new job ?
Is this going to be a problem with my USCIS transfer petition ?
Any suggestions on what I can I do to have remainder of petition approval by USCIS go smoothly?

Thanks

1. If you are not paid for those 3 Day yes you are out of status.
2. What do you mean new job? Isnt the next employer already having a job for you?
3. Possible.
Its advisable to join next employer only after the petition is approved.


This is my opinion not legal advice.

[Rajat Sapra]

Thanks Raghvi for your response. By question 2, I meant I am joining my new employer from Monday and since for Wed, Thur and Fri I won't be paid I am not sure what to do about it. I am trying to what is best course of action to avoid being flagged or be fined by USCIS

Thanks

1. If you are not paid for those 3 Day yes you are out of status.
2. What do you mean new job? Isnt the next employer already having a job for you?
3. Possible.
Its advisable to join next employer only after the petition is approved.


This is my opinion not legal advice.