current H1B filed for extension, also got new job

kiranmn

New Member
Dear All, my current employer (A) filed for an H1B extension last October. I am changing jobs this month (haven't actually started yet) to a new employer (B). Since I am changing companies B has also filed for an H1B for me and got an acknowledgement from the INS (I-797C) in the last week of December. I am still on the payroll of A as a courtesy as the internal paperwork at B is taking a while to get done (hopefully this week). In the meanwhile A has kept me on the payroll as a courtesy to preserve my visa status etc. Would I need to be on A's payroll till I formally start at B or can I tell them to take me off the payroll, starting the first week of this month.

In other words is any gap allowed between jobs, when you are on H1B? And if A took me off payroll, would I still be in status, since B already filed an H1B for me, although they don't have me on their payroll yet?

thanks for your response,

K.
 
you must be on payroll all the time to maintain H1 status. Short gap may not cause serious issue, but it's better to avoid.
 
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