H1B Transfer - Out of Status?

[changingjobs]

What is the name of your state? WI

Hello. I have the following questions regarding the H1B transfer:

1.After I accept the offer, I will wait for the transfer receipt from USCIS. After that I plan on giving my current employer 2 weeks notice as a courtesy. Lets say I give my notice September 10 (Monday)and quit working on September 21 (Friday) and do not start my new job until September 24 (Monday). Will I be out of status from end of Friday and beginning of Monday?

2. Should I quit lets say on a Thursday and start the new job on Friday so that I am not out of status?

3. Is there a grace period from the time I quit my current job and start the new one and not be out of status?

4. What would happen if I tell my new employer on September 24 (Monday) and give a 2 weeks notice September 10 to my current employer and my current employer says they do want me to quit right away instead of working another 2 weeks? Should I tell my new employer that I would give a 2 weeks notice to my current employer but if they do not want me to work the 2 weeks I need to start right away after I stop working for my current employer?

5. Would being out of status between changing jobs be a problem when it comes time for me to apply for a greencard?

Sorry for asking too many questions at once and thanks for your help in advance.

 

[ImmigAttyLana]

The important factor is that you are employed by the original employer AT THE TIME the new employer's petition on your behalf is filed. Beyond that, it does not matter since you could be taking a vacation in between jobs and it's fine.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[changingjobs]

Thank you very much. I plan on taking a week off in between jobs, but I did not want to be out of status in the meantime. So although I will be on a H1B status and will not be working for that week I would not lose my status ? My understanding was I had to be employed at all times to maintain my H1B status. Is there an exception to this rule during the transfer then?

Thanks again.

 

[ImmigAttyLana]

It's fine to be in between jobs for a week.