Ovelapping / Non-overlapping in Employment on H1-B?

F

freephoneid

Registered Users (C)
Hi,

I got laid of from my employer & my last date is 31-Aug-2011. I'll get the severance package on last day itself. I'm on H1-B visa. I live in CA.

I got an offer from another employer. And my H1 transfer is approved as well with this new employer.

I want to know if I can join with this new employer from 29-Aug-2011?

Since I'm on H1-B visa, is the overlapping period of 2 days allowed? Will it create any issue for me in future?

OR if overlapping of employment is not allowed on H1, then, can I join new employer from 5th Sept 11?

If I join from 5-Sep-11, will I go out of status from 1-Sep-11 to 4-Sep-11 for these 4 days as I'll not have any pay stub for these period? Will this create any problem with my Green Card process with new employer?

Note: New employer has given me only these 2 dates for joining & he cannot changes these dates due to company policies.

Thanks!
 
When is/was your last day of work?

Remember, receiving severance pay does not keep you in status. Unless you are physically working, you are out of status.
 
time is now past and you may have already joined the new employer.

in my opinion, 5 days of lapse would not be an issue. but what does your h1b transfer approval notice say?
 
In my friends case, he got laid off too. But he got severance package as regular paychecks for two months. But he joined another job in 15 days after his termination, while collecting severance package.
Try if you can ask your old employer to give severance package as monthly checks for a month or so
 
Severance package does not keep an individual in status. So, even if I request package in different pay checks, I would be still out of status!
 
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