H1 Transfer from A to B for same client: Out of status query

[CoolUSA2016]

Hello,

I am in a confused situation of transferring my H1 from company A to company B inside client C. A and B are staffing employers for same client C.
Client is accepting this transfer. But as per client rule, I need to resign from A , then 30 days stand out and can rehire thru B. Client is ready to hold my current job position for 30 days.
Company B agreeing to start H1 transfer before resignation from A.
I am concerned about these 30 days.

1) I will be in out of status for this 30 days? (I am having I94 till 2018).
If yes
a) What are the cautions I need to take care for these 30 days not to have out of status? I need to ask B to run my payroll for these 30 days (But I dont know they will give salary since I wont be working on those days with client)
b) For these 30 days, I need to pay out of pocket Tax?
c) These 30 days will have impact on my Green card processing in future?


Thanks
CoolUSA

[raghvi]

Hello,

I am in a confused situation of transferring my H1 from company A to company B inside client C. A and B are staffing employers for same client C.
Client is accepting this transfer. But as per client rule, I need to resign from A , then 30 days stand out and can rehire thru B. Client is ready to hold my current job position for 30 days.
Company B agreeing to start H1 transfer before resignation from A.
I am concerned about these 30 days.

1) I will be in out of status for this 30 days? (I am having I94 till 2018).
If yes
a) What are the cautions I need to take care for these 30 days not to have out of status? I need to ask B to run my payroll for these 30 days (But I dont know they will give salary since I wont be working on those days with client)
b) For these 30 days, I need to pay out of pocket Tax?
c) These 30 days will have impact on my Green card processing in future?


Thanks
CoolUSA

If you are not getting paid for those 30 days, yes, you will be out of status.

This is my opinion not legal advice

[CoolUSA2016]

If you are not getting paid for those 30 days, yes, you will be out of status.

This is my opinion not legal advice

Thanks for your reply.

If the new company offer per diem instead of regular salary, it will similar to pay check run? Any other options to avoid out of status in my scenario? Please suggest

Thanks
CoolUSA

[raghvi]

Thanks for your reply.

If the new company offer per diem instead of regular salary, it will similar to pay check run? Any other options to avoid out of status in my scenario? Please suggest

Thanks
CoolUSA

It has to be W2 reported income. Typically, one initiates a transfer to B, and upon approval, one resigns and serves the notice period to A, and then after completion of notice period joins B.

I do not comprehend the "stand out" understanding/need that you have with A.

This is my opinion not legal advice.

[CoolUSA2016]

Re

Hello Raghav,

"Stand out" means I need to wait ( out of job in client place) for 30 days before rehiring thru company B. Ie, resign from Company A, wait for 30 days and rehire to same client thru Company B This is client company rule for their contractors to switch contract houses within.
I am worried about these 30 days and have posted queries in my initial post. Please help

Thanks
CoolUSA.

[raghvi]

Hello Raghav,

"Stand out" means I need to wait ( out of job in client place) for 30 days before rehiring thru company B. Ie, resign from Company A, wait for 30 days and rehire to same client thru Company B This is client company rule for their contractors to switch contract houses within.
I am worried about these 30 days and have posted queries in my initial post. Please help

Thanks
CoolUSA.

Unfortunately USCIS does not go by client policies. Either A or B should be paying you for those 30 days. Or, leave US and re enter after the "stand out" period. Otherwise you will be considered out of status for those days.

This is my opinion not legal advice

[Dipak Sonawane]

If you are not getting paid for those 30 days, yes, you will be out of status.

This is my opinion not legal advice

@Raghav - How many days we can sit idle ?

suppose I am currently working with ABC and already serving notice period. I want to join company XYZ on 5th Sep 2016.
I got relieved from current employer ABC on 26 Aug 2016. If I am not working for next 5 days with any Company before joining XYZ on 5th Sep. Still 5 days I will be out of status?

Whats the maximum period it will be ok to be unemployed?

Thanks,

DS

[raghvi]

@Raghav - How many days we can sit idle ?

suppose I am currently working with ABC and already serving notice period. I want to join company XYZ on 5th Sep 2016.
I got relieved from current employer ABC on 26 Aug 2016. If I am not working for next 5 days with any Company before joining XYZ on 5th Sep. Still 5 days I will be out of status?

Whats the maximum period it will be ok to be unemployed?

Thanks,

DS

Technically 0 Days. One has to be paid for all the days while in US. A weekend/Govt holiday in between job changes is sometimes overlooked.

Think from an insurance perspective too, while you are not working for A or B, who is paying for your health insurance? What if something unfortunate happens during that time frame?

This is my opinion not legal advice.