Notice period technicality

Verizon Media sxSG85
Jun 30 19 Comments

So I’m on an h1b visa and planning on resigning this Monday. Post 2 weeks of notice, I have a week’s gap before I join my new work.
Does that count as unemployment period? I mean sure it does, but how is the logistic handled there? Do I need to report it to any authority?
Also will it be detrimental to my long term career? I asked my lawyers but due to July 4th weekend they’re not being very responsive.
PS: Can’t really delay the timeline to align with my start date due to some personal obligations

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TOP 19 Comments
  • Microsoft jjpf13
    Last I checked, the law is clear: if you are unemployed you need to go back where you came from! And stay there for at least 1 year. If you’re being fired and need to leave the country, USCIS usually “looks the other way” if you take a month or so to get your affairs in order before leaving. However your legal obligation is to leave on the day you no longer have a job. Taking a week off is something citizens are allowed to do, you cannot legally remain in the United States while unemployed. Will USCIS look the other way at you taking a week off? Probably. Do they have any obligation to do so? No. Can it come back to hurt you when applying for a green card or a new visa? Absolutely. There was talk around 2017 about adding a formal “grace period” but that was never formalized, that I know of.
    Jun 30 10
    • Microsoft jjpf13
      You really get what you pay for! If you want qualified advice, talk to a lawyer :)
      Jun 30
    • Microsoft / Data _john_doe
      This is BS. Google this 8 CFR 214.1(l)(1)
      Jun 30
    • TripAdvisor when2Inter
      another xenophobic comment, wtf is wrong with people
      Why are you so angry at immigrants, what have they done to you?
      Jun 30
    • Verizon Media sxSG85
      OP
      Yes I do have a job offer. My issue was I won’t be joining the Monday after my last day on Friday.
      Jun 30
    • Henny Penny agfn
      When was the last time you checked? 1950? 😜
      Jun 30
  • Amazon CcGL61
    Most of the companies appreciate that you take a short break between jobs to rejuvenate and 1-2 weeks to a month is what people generally take. You should be more worried about insurance being valid while you are not on payroll. As for you being in valid status, I believe you have 60 or 90 days to come back on a payroll after leaving a job.
    Jun 30 3
    • Verizon Media sxSG85
      OP
      Right. I got the insurance part covered. Hopefully that’s all I have to look out for
      Jun 30
    • Microsoft / Data _john_doe
      Yeap i switched companies on H1B I cant remember the exact date but you have 90 or something days to get back on payroll
      Jun 30
    • Microsoft / Data _john_doe
      OP just google this 8 CFR 214.1(l)(1)
      Jun 30
  • Amazon saiyan_87
    Its fine. I took two weeks break against all panicky advice. Fuck such life where you get stressed like that. Nothing happens. Chill and enjoy some days off and get your things in order. The US law enforcement should have better thi ngs to deal with than a guy with a job offer and enjoying some days before joining it.
    Jun 30 1
    • Verizon Media sxSG85
      OP
      Yea, normally that’s my attitude anyway. I just wanted to see if it was against the common practice. This is the first time ever I’m resigning out of a job.
      Jun 30
  • Henny Penny agfn
    Less than 30 days, you are absolutely fine. Go enjoy and celebrate...🍾 my husband on h1b took a week off before joining and after receiving the new company transfer approval.

    If you have any questions USCIS website provides the actual proof of this- don’t rely on stupid website advice like redbus and all.
    Jun 30 0
  • Financial Engines blah-blah
    Just enjoy the notice period
    Jun 30 0

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