transfer gap of 5 days

[drravireddy]

hi, my wife joined a company A on june 15 1006 and her visa is stamped untill 1st july 2009. her status is valid untill 2009 through company A. now she resigned from company A on june 26th 2008 and i planning to join company B on july 1st 2008.the company B is going to file pition by june 15th 2008 by premium procession so that she can start working by july 1st. We dont know if the Company A will cancel their h1 for my wife after june 26th 2008. i wanted to know, if they do cancel and the company B has filed for hb1 starting july 1st 2008, what will her status be between june 26th 2008 and july 1st 2008. ( 5 days) can she stay in usa legally.

[txh1b]

If the H1b was filed before the previous company canceled the H1b, the status problem will not be an issue. If one wants to get too precise about it, yes, she is out of status in that period. But one is allowed to take earned vacation or can take time off to move from one job to another. In your best interest, company B is to request a H1b start date of the next working day after resignation and then give your spouse unpaid vacation till the start date.

At the end of the day, such a gap is not a big deal but becomes a big deal if there is another transfer involved before company B's transfer gets approved.

[orion]

hi, my wife joined a company A on june 15 1006 and her visa is stamped untill 1st july 2009...

Your wife must be really old And lucky too she got H1B for the longest ever period