Clarification

W

wonderfulboy

Registered Users (C)
Hi,

If a person applied for H1 transfer from Current employer to new employer and then immediately if the current employer laid him off and if there is a gap of 3-4 days between pay stubs before the person join the payroll with new employer (but transfer already initiated) will it lead to out of status in H1? Will the transfer be rejected?
 
Mine was 21 days gap. H1 transfer came without any hitch. All you need is most recent paystub If it is vermont. At Texas they did not ask for payslips. I did send it per my attorney.
 
what do u mean by 21 days Gap. You have 21 days gap after completed job from 1st employer and then filed with new employer using latest pay stub of 1st employer and then took 21 days to start being in payroll with new employer??

Thats what u mean??

Wonderfulboy
 
You have 10-day grace period after your H1B expires or gets cancelled. Anything above it can be considered out-of-status but normally isn't prosecutable or punishable.
 
Wonderfulboy

Yours is not a problem at all. Since the H1 was applied before laid off.

I was laid off on November 4 2002. I got Job offer on Nov 22 from different company. H1 was applied on November 25 (i.e. FedEx) Next day I joined the new company. I had pay slip till 15 of November since it was my company’s payday. Of course H1 revocation letter was sent on 7 th of November
Although you can join once your H1 reaches the BCIS On Approval notice H1 validity says from 18-Feb 2003. It is always the approval. I was worried little bit about this. Then checked my other H1 and My friend H1. It is same for every one. Even attorney confirmed it that is it is not a problem.
 
Last edited by a moderator:
There are a lot of articles on the web about it.
Read this:

http://www.upenn.edu/oip/iss/visa/h1b/

...
There is no official grace period for H-1B visa holders, though a 10-day limit is recognized in order to file an H-1B with a new employer, apply for a change of status, or leave the U.S.
...


Type ten-day grace period in Yahoo and see other articles about it.
 
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