H1B - Validity Dates - COE

[happybuddha]

Hi,

I am in the process of changing jobs on H1 and had a question. I have received the email confirmation of h1 transfer from future employer. It also contains a validity date as the date I was expected to join the employer which is lets say 10/24. If I have to resign tomorrow 10/10 (assuming 2 weeks of notice period), lets say my current employer is ready to relieve me in 5 days of notice period (10/14), then assuming my current employer revokes my h1b petition ( I dont know if thats even possible) then I will go out of status right ?
Also, if all goes well and 10/21 is my last working day, even then, for 10/22 and 10/23, I am technically illegal, is my understanding correct ?

If I am relieved on 10/14 my future employer still wont be able to pre-pone my joining date, since the transfer itself is valid from 10/24. Correct ?

Cheers,

[shervin143]

Did your new employer transferred your H1B with a future start date? Get a copy of the H1B approval notice and check for yourself. If Yes, then you cannot join the new employer before that date. If the H1B was transferred with immediate start date, then you can join anytime. When you are in H1B, you need to work and get paid. If not, you will be considered out of status. But couple of days between employment is okay and you don't have to worry so much.

[happybuddha]

Thanks for replying

But couple of days between employment is okay and you don't have to worry so much.

As of now my 2nd question is valid. Continuing the preposition currently the status is that my joining date (and H1b Validity begin date) is 10/24 (monday) and my relieving date from current org is 10/21 (friday). So I am only worried about 10/22 and 10/23. Assuming my firm runs payroll from Sunday to Saturday, me being in US is legal for 10/22. But technically I won't have a job on 10/23.
I hear you Shervin143, but I just wanted to check if this (my current situation) is against the law ( I have googled and googled and hunted in the uscis site yet found no law around this)? Or if this is going to be ok ? Or, am I just being paranoid for no reason?

Cheers,

[shervin143]

That is nothing against the law. No one is going to hire you on a Sunday or a national holiday and pay you for being at home. You are worrying about things that are not worth worrying. If your employment end date with the current employer is Friday and your start date with the new employer is the immediate Monday, then everything that you are doing is legal and you are not considered out of status for NOT working on the weekend. Take a chill pill and relax. This is not an issue.

Thanks for replying


As of now my 2nd question is valid. Continuing the preposition currently the status is that my joining date (and H1b Validity begin date) is 10/24 (monday) and my relieving date from current org is 10/21 (friday). So I am only worried about 10/22 and 10/23. Assuming my firm runs payroll from Sunday to Saturday, me being in US is legal for 10/22. But technically I won't have a job on 10/23.
I hear you Shervin143, but I just wanted to check if this (my current situation) is against the law ( I have googled and googled and hunted in the uscis site yet found no law around this)? Or if this is going to be ok ? Or, am I just being paranoid for no reason?

Cheers,

[happybuddha]

Phew.
Thanks shervin143. I sincerely appreciate your response.