回複：Thank 863211. One more question.

Really appreciate your answer. I see what the risk is for working for new employer before Oct. 1 now. Exactly I have to stop work for old employer by Jun 30. I will get the 3 mouths cap until Oct. 1.
My question is it is possible to let my old employer do not cancel my old H1B until Oct. 1; or my old employer has to report it to USCIS immediately after Jun 30.
-Based on the law, your employer has to report it to USCIS immedaitely after your employment is ternimated, but if he does not to do that, it does not matter too much (no any punishment), however, you have the right to ask him to continue to pay you if he does not report it to USCIS (if you do not ask for that, it should be OK). So, you should be OK if your employer does not report your umemployment to USCIS, especailly your old h1 I-94 is still valid during that period of time. Please note that what I am talking about here is just based on practical possibility, not based on the law.

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• 回複：回複：Thank 863211. One more question. -863211- ♂ (67 bytes) () 03/16/2010 postreply 14:30:52

• 謝謝863211老師 -qingqingp- ♀ (0 bytes) () 03/17/2010 postreply 05:31:53