H-1b Transfer and Start Date

[h1bguy80]

My last working day with my current employer was today and a H-1B transfer petition has already been filed by a new employer under premium processing (received by USCIS today). My new employer has mentioned that the start date with them will be Dec 5th.

In the meanwhile the H-1B PP transfer petition will be processed and assuming it is approved in the next couple of weeks (say by Nov 18th), is it OK if I join the new employer on Dec 5th? I have this question given the gap between the H1-B approval date and employment start date. What will be my status during this period?

Appreciate your replies.

[txh1b]

You are not allowed to have a gap in H1b status.

[shervin143]

You will be considered out of status from today until the day you join the new employer.

[h1bguy80]

Why will it be considered out of status since my transfer petition has already been filed before my current employment ended?

[shervin143]

Filing a petition or holding a valid petition alone is not enough to be in status. When you are in H1B, you need to be working and get paid to maintain your H1B status. Otherwise you are considered out of status on H1B. Search and read about the H1B regulations.

Why will it be considered out of status since my transfer petition has already been filed before my current employment ended?