For H1B transfer, can I end my employment at company A and start my employment at company B one week later?

Question

Thank for all the quick responses! What I want to know is: is it OK to have a short period of gap between the two employments?

Answer 1

Yes, if you have already filed the paperwork for the H1B transfer.

Your new employer has to have signed the paperwork and your lawyer or the employer's lawyer has to have filed the H1B petition with the INS prior to your moving to the new employer. Obviously, you have been interviewing and you may have a job offer in hand, complete and file the paperwork and then you can legally start working with the new employer.

That all being said you are taking a risk that the H1B transfer is not approved by the INS. If this occurs, your new employer will have to release you and you may then have to return to your country of origin.

Answer 2

You can start at company B as soon as your H1B application through them has been approved.