Need advise

[apostrophe]

Hi, a quick question. I have been working on a cap exempt H1B visa for the last 2 years. I am joining a new company with a cap subject H1B visa on Oct 1st. Which is the earliest date i can resign from my old company and still be in status since my new h1B begins on Oct 1st? I need to move and am expecting my old employer to cancel my cap excempt h1B visa as soon as i resign. Is .. say Sept 2nd week okay?? Thank you.

[gcgreen]

To my non-lawyerly knowledge, I think you should be fine if you resign sep 2nd/3rd week to start work oct 1. as an analogy, find out how early someone entering the US for a job starting Oct 1 is allowed to enter the US. I think it is reasonable to quit your cap-subject job that many days in advance and not run afoul of anything. Also, I think you will have received an I-94 with your new H-1 approval. the date on that will I think govern whether you are in status. (If you did not receive such an I-94, then I am the wrong person to give suggestions because I have no experience in this... gurus please advise)

Originally Posted by apostrophe

Hi, a quick question. I have been working on a cap exempt H1B visa for the last 2 years. I am joining a new company with a cap subject H1B visa on Oct 1st. Which is the earliest date i can resign from my old company and still be in status since my new h1B begins on Oct 1st? I need to move and am expecting my old employer to cancel my cap excempt h1B visa as soon as i resign. Is .. say Sept 2nd week okay?? Thank you.

[kondur_007]

I also agree with the advise above that you should be just fine as long as your new H1 has I94 attached to the bottom.

You have to remember that those 2-3 weeks of september when you will actually not be working (but relocating), you may be considered out of status, but not present illegally. (as I 94 is still un-expired). This should not pose any problems in general. Just in case if it generates RFE in future during GC process, (and i doubt that it actually ever will), it can be easily and logically explained and would be ok under 245k.

Good Luck.

[apostrophe]

Thank you guys for the info. Really appreciate it. Anyone who had faced the same circumstance before?? Just trying to soak up as much info as possible.

[DDash]

If possible, ask your previous employer not to cancel your H-1 until Oct-1st.

[apostrophe]

The new I-94 on the H1B states that it is valid from Oct 1st.

[kondur_007]

Originally Posted by DDash

If possible, ask your previous employer not to cancel your H-1 until Oct-1st.

I am not a lawyer, but as far as I can tell, it would be a mute point whether old H1 is cancelled by old employer or not. (regardless, he will be present during those few days/weeks LEGALLLY but OUT of STATUS). My point is that, this is not likely to cause any problems for him under 245(k).