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Payroll gap between H1 transfer from consulting to full time

asked May 13, 2016 in H1B: Transfers by anonymous

I am on H1 with a consulting firm.My consultancy with the client ended on March 31. So, the last payroll was run on the first week of April. Now I am attending interviews for both ft and contract. Now, If I take a full time opportunity and do a visa transfer to the new employer, Will this gap cause any issue? Right now, I have almost a month gap since the last payroll. Some give the opinion that I may have to show a proof from current employer that I was on unpaid leave. If my current employer is not going to provide this proof, how can I handle this situation?

Appreciate your time and response! Thank You!
commented May 14, 2016 by dan (25,384 points)
Do you have a valid h1b visa on your passport?
commented May 17, 2016 by Asker
Yes. I have visa stamped until Mar, 2018

1 Answer

0 votes
answered May 20, 2016 by dan (25,384 points)
selected May 20, 2016 by maven
Best answer
If your employer is not providing leave, when you transfer your H1B USCIS may approve for a consular processing.

# 1 If you have a valid H1B visa on your passport, you ma exit/enter country with the new H1B without going for a visa stamping

#2 If you do not have an H1B visa on your passport, you will have to obtain a new H1B visa at a US Consulate
commented May 20, 2016 by maven (170 points)
Thank You, Dan! One follow up question. Is there any limit on the duration of gap in payroll? I am very close to getting an offer but I am also concerned that time is ticking. Appreciate your response. Thanks!
commented May 20, 2016 by maven (170 points)
I mean, regardless of whether I get a proof from my employer or if I go through consular processing.

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