H1B Transfer: New Employment STart date

[mahatoramh1b]

My H1B transfer to new company has been approved throught Premium processing on july 28, 2008. I am giving two week of notice for my current employer to leave them and join new company. I will work with this company until August 8, 2008.

I am planing to start my work at new company from August 18, 2008. I will have one week (9 days) of no employment period. I also heard it is legally ok to have 10 days unemployment period when quiting old job and joining new job.

My question is, Am I going to be out of status if I did not work from august 9 to august 17??

Thank you for your suggestion.

[orion]

You cannot work for your old employer if the case is already approved, not even for the notice period. Yes, you have to be working always on H1. Even 10 days gap is not permissible.

[txh1b]

You cannot work for your old employer if the case is already approved, not even for the notice period. Yes, you have to be working always on H1. Even 10 days gap is not permissible.

This is a H1b to H1b transfer case and one can choose to work for the old employer for however long after the transfer is approved as long as the petition is valid.

The gap in employment is not permissible as per the rule book or could be interpreted by USCIS as bench without pay. Either use your vacation from employer A or join B and go for vacation to be safe.

[orion]

OOPS! I messed up sorry, tx you are right my friend! The previous post to which I replied was probably still hanging in my mind. Thanks for keeping things straight. I apologize OP, you can work for either employer. But no gaps, vacation will work best as tx advised.

Cheers