H1B Visa Transfer to new employer


I am currently in US working for company A and getting rolled off from the project towards the mid of next month. Meanwhile i have got an offer from Company B and scheduled to join them from 1st of the following month.

My question: Can i resigning from my existing job (with A) and join the company B after a gap of two weeks? Will it be legal or should i return to India and then come back?

Appreciate your help…


You need to be on the payroll of atleast A or B. It is not advisable to have a gap of 2 weeks, can you ask to prepone your joining with B or postpone your resignation from A? Can you take vaccation for 2 weeks while still being employed with A?

2 week gap is too much. To avoid any issue in future; make it less than a week.

i.e. you can have your last day on Monday and you can join another job next monday.

So you can mention that joining happening only on Mondays. :slight_smile:

It is ok to take some break in b/w jobs. The whole point is that it should not look like out-of-status period. One week should be fine but 2 weeks gets into the gray area.

Check w/ B’s attorney on the comfortable duration.