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Can I take break between jobs on H1B?
Anonymous3 views3 answers
Hi,
I am working for Company A currently and have got an approved H1B visa transfer in premium category from Company B.
I resigned from Company A and awaiting for the notice period details yet.
My question is can I take a break for 1 week before joining Company B and getting paid by Company B on H1B or I will go out of status after last pay day from Company A?
Can you please help?
Thanks
Christian SchmidtImmigration AttorneyOakland, CA ·
You will be lawfully in the US while the petition of company B is pending and can take a break if you like as long as you were in status at the time the petition was filed.
As I understand your question, you are thinking about taking a week off before you start with Company B (Company B petition has been approved), and after you leave Company A, so you will not be an employee of either Company A or Company B during this one week "vacation" period. Technically, in order to maintain your status in the U.S., you must be employed. However, the likelihood of this one week gap creating a problem for you is minimal.
