Going from one job to another

raysaikat

Registered Users (C)
Hello All,

I am going to take up a new job soon. Both my current job and the new job are in academia and hence there is no issue about quota. My H1-B for the current job extends till next year September. However, the actual start date of my new job is Jan 15 (that's when the new semester starts). The new employer will presumably file H1-B petition before new year. The problem is I need to tell my current employer that I would leave. That would mean my employment would cease to exist from Jan 1. What would be my status between Jan 1 to Jan 15 if: (i) I am not going to get any salary from my current job (ii) a new H1-B petition is filed with start date Jan 15?

It is generally said that if an H1-B petition is pending, then the beneficiary is not out of status. What would be the case in this scenario where the start date is Jan 15?

Regards,

Saikat
 
raysaikat said:
Hello All,

I am going to take up a new job soon. Both my current job and the new job are in academia and hence there is no issue about quota. My H1-B for the current job extends till next year September. However, the actual start date of my new job is Jan 15 (that's when the new semester starts). The new employer will presumably file H1-B petition before new year. The problem is I need to tell my current employer that I would leave. That would mean my employment would cease to exist from Jan 1. What would be my status between Jan 1 to Jan 15 if: (i) I am not going to get any salary from my current job (ii) a new H1-B petition is filed with start date Jan 15?

It is generally said that if an H1-B petition is pending, then the beneficiary is not out of status. What would be the case in this scenario where the start date is Jan 15?

From Jan 1 to Jan 15 you are under vacation (no pay) before joining the new instituition. So your status is intact.


Regards,

Saikat
 
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