I told the attorney (the company hired) that my LAST paystub was NOV 1st and my starting date for my new job is early Jan. She didn't understand that I had to resign from the most recent job. She used REGULAR processing becasue she thought my H1B status was still valid.
I had sent her an urgent message. At the same time, I am wondering if my understanding of valid status of H1B is correct. ???
-You can stay in US legally during the H-1 transfer pending and work in Jan. 2013 even you have resigned from the old company. As long as your H-1 is not approved earlier than 10 days before your new job start date in Jan. 2013, you are fine to stay here. If your H-1 tansfer is still pending after the job start date, you can work for the new company.
I think we have to use premium processing and I have to re-enter the country aftering getting visa approval from embassy officer. Is this correct?
-Not need to do that. Not need to leave US unless your H-1 transfer is approved earlier than 10 days before the new job tsart date.
