Gap between switching jobs

[abhisheks77]

Hi,

I am on H1b and my wife on H4. My current petition is valid till June 2017. I will be resigning current job effective from 25th November and will join new job on 5th December. As agreed by employer, I will join them when USCIS will receive my transfer application, because it is regular transfer, which is going to take long time. My questions are -
1) Will I be considered out of status during that one week ?
2) My health insurance will be stopped on 25th November. Can I get any health insurance for these 5-7 days from somewhere, which should cover me, my wife and child ? Any suggestions ?

Regards

[SKDS160]

Hi,

I am on H1b and my wife on H4. My current petition is valid till June 2017. I will be resigning current job effective from 25th November and will join new job on 5th December. As agreed by employer, I will join them when USCIS will receive my transfer application, because it is regular transfer, which is going to take long time. My questions are -
1) Will I be considered out of status during that one week ?
2) My health insurance will be stopped on 25th November. Can I get any health insurance for these 5-7 days from somewhere, which should cover me, my wife and child ? Any suggestions ?

Regards

1. Yes, you will be out of status during the gap of 10 days. I recommend applying H1 transfer in premium and resign from Employer A after transfer is approved. You can't imagine how big is the risk of joining on receipt notice.

2. Check for Cobra insurance from Employer A. It covers you for a certain period of time after you leave the employer. You keep the coverage but on a higher premium.

[abhisheks77]

1. Yes, you will be out of status during the gap of 10 days. I recommend applying H1 transfer in premium and resign from Employer A after transfer is approved. You can't imagine how big is the risk of joining on receipt notice.

Employer B is not ready to pay for premium processing fees. And I will be joining on same kind of profile, on which I am working currently. So I thought, there should be minimum risk.
Apart from this risk, is there other future risk, regarding GC process, as I will be out of status for these 7-10 days ? Though my current petition (Employer A) is valid till June 2017

[SKDS160]

Employer B is not ready to pay for premium processing fees. And I will be joining on same kind of profile, on which I am working currently. So I thought, there should be minimum risk.
Apart from this risk, is there other future risk, regarding GC process, as I will be out of status for these 7-10 days ? Though my current petition (Employer A) is valid till June 2017

You may pay fee for premium processing if you want to keep things safe and clear. Being out of status is illegal but some people take risk thinking a week or two is not an issue. Even after you join Employer B what will you do if transfer is not approved or goes to RFE? I have seen a similar case with one of my friends. I don't want to scare you but had I been at your place, I would have preferred paying fee for premium processing rather than taking such a risk.