Hi,
I am working for Employer A in US and my assignment here ends on 25th of Oct 2013.
However, I have got another offer from Company B and they have already filed my Visa transfer in premium for which I got the receipt number today. They want me to join them but I wanted to wait for the complete visa transfer.
I expect to get the result by 1st of November 2013.
If I take a week vacation from Employer A (to keep that job secure until my visa is transferred), Can I stay in US after 28th Oct 2013 for like 1 week without any job? Would that be considered unlawful?
You have a lawful reason to stay back but basically out of status if the employer does not pay you off. Considering the h1 transfer did not happen or failed and your employer did not pay for the leave that you took (you must be on a Paid Time Off and not out of job or anything like that) you will face questions or possibly problems on re-entry or renewal or transfers, otherwise if you are intact with your current job and on Company A rolls no matter whether you are on vacation or travel leave or sl or whatever no issues. Your last pay stub must show that you are paid for your stay. Thats it.