Period of legal stay between job changes - without being employed

[happybuddha]

Hello,

I have been trying to get as much help as possible during this transitioning phase. I am walking a tight rope and may have some chances of not receiving the H1 transfer receipt number (fully understanding that even this is a risk zone) before I officially have to leave for India. So, I heard from someone, that if at least the LCA has been filed, then a person in such a situation typically resigns a day before his departure date from the organization s/he is working with. This ensures, if bound by a policy that he should serve 2 weeks of notice period OR if that is not the case, the person can legally stay in the US for 2 weeks on H1 without having a paystub generated for that period. Is such a thing true really ? I tried searching on the uscis site and found nothing related to such a scenario.

Initially, I was under the impression that a person cannot be in the US without having a single day not accounted for in the paystubs, but when I came, I came in on a Saturday and Monday was a public holiday... and my pay cycle started only from a Tuesday. So I feel there is no such thing as 'even a single day unaccounted from paystub makes your stay illegal' is not set in stone. But, I am just guessing.

Cheers,
HB

[shervin143]

I have been trying to get as much help as possible during this transitioning phase. I am walking a tight rope and may have some chances of not receiving the H1 transfer receipt number (fully understanding that even this is a risk zone) before I officially have to leave for India. So, I heard from someone, that if at least the LCA has been filed, then a person in such a situation typically resigns a day before his departure date from the organization s/he is working with. This ensures, if bound by a policy that he should serve 2 weeks of notice period OR if that is not the case, the person can legally stay in the US for 2 weeks on H1 without having a paystub generated for that period. Is such a thing true really ? I tried searching on the uscis site and found nothing related to such a scenario.
>>> That is not true.

Initially, I was under the impression that a person cannot be in the US without having a single day not accounted for in the paystubs, but when I came, I came in on a Saturday and Monday was a public holiday... and my pay cycle started only from a Tuesday. So I feel there is no such thing as 'even a single day unaccounted from paystub makes your stay illegal' is not set in stone. But, I am just guessing.
>>> USCIS doesn't except you to work on weekends or during the national holidays. So if you entered U.S on a Friday evening, you are expected to start working from Monday and be on payroll starting that day. You are allowed to enter U.S 10 days prior to the H1B effective date. Example, if the H1B is effective from Oct 1st, you are allowed to enter U.S on 21st of Sept to make arrangement for your stay etc. Once you are in payroll, you cannot go out of status by not working or not getting paid inbetween for whatever may be the reason.

[happybuddha]

Thank you for your reply