Can I have a gap between previous employment and new employment after the new employer has filed an H1B petition for me?


In order to obtain an extension of status, the legal requirement is that the new petition must be filed while the person is still in valid status. A gap in employment as an H1B is a gap in status; thus, there may be an issue with obtaining the extension of status, reflected by the issuance of an I-94 with the approval notice. The USCIS will sometimes forgive small status gaps, but if there is a significant gap, it would be best to get some case specific advice from your attorney. You are also welcome to contact the Murthy Law Firm for a consultation. (21.Apr.2014)

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