H1B Transfer and Gap Issue

[goodluck123]

What is the name of your state? NJ

I am currently in H1B transfer process. My case has been filed at the beginning of April using regular processing, and the receipt has been received. I am waiting for the approval notice currently. But there will be a 4 weeks' gap between my current job ending date and the starting date with the new employer.

My question is that is my status fine during the 4 weeks' gap?

Thank you for answering my question.

 

[ImmigAttyLana]

Are you talking about a 4 week gap between the end of your employment with employer A and you starting to work with employer B on the basis of the receipt notice or are you talking about this gap between the end of your employment with employer A and the FILING of the petition by employer B? Those are two very different fact situations. Please clarify.

 

[goodluck123]

Attorney Lana,

Thank you so much for replying my post.

The 4 weeks gap is based on the fact that receipt has been RECEIVED on April 26. I am waiting for the approval notice (regular processing).

My last day with current company A is May 25th, and start date with new company B is the end of June. Is my status still valid if I just stay home in the 4 weeks gap?

Thank you again.

 

[ImmigAttyLana]

Your petition was received prior to you leaving your employer who is your current employer so there is no gap as far as the immigration laws are concerned.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[ImmigAttyLana]

It does not matter what the start date with the new employer is. What matters is the date of FILING of the petition by the second employer.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[aley]

A variation of the above situation.

In this case:
I was with a firm A till dec'08 end. I got an offer from company B in mid-December and resigned from A who relieved me on december end. Firm B appplied for H1b transfer premium processing on jan 5 and got approved on jan 23. I joined firm B on Feb 2. What is my status in Jan? Am I out of status? If so, can anything be done to rectify? I don't have paystub for Jan, will this cause an issue next year when filing W2? (The gap between resigning from employer A and filing from employer B is exactly 1 Business day - Jan 1 was a holiday, Jan 2 was Friday, Jan3/4 weekend)