How will my status be affected if I’m switching employers and will be out of work for 2-3 days?

UPDATED: Oct 15, 2014

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How will my status be affected if I’m switching employers and will be out of work for 2-3 days?

I am quitting my company (Comp A) by the 17th of this month. My new company (Comp B) says they will file the H1B documents by the 20th on premium and once I receive the file number I can join them and start running payroll. Effectively I will be out of payroll for 2 or 3 days. Will that cause any issues in future with my visa extension or GC process? I have a valid H1B (from Comp A) until for another 9 months and a valid I94 for 10 momths.

Asked on October 15, 2014 under Immigration Law, Illinois


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Technically it should not affect it since the dates are so close but if you are going to be quitting on your own, why not wait until the company B has actually filed the transfer petition on your behalf so that you are officially in status at the time that filing is made.  That would be the ideal situation.

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