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10 Day Rule For H1b Switching

Discussion in 'Nonimmigrant Visa Validity' started by J_Pirlo, Jul 30, 2015.

  1. J_Pirlo

    J_Pirlo New Member

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    Hi,

    So we have the 10 day rule wherein a new employer should raise the H1B for a person after his /her last day in the previous company , so that the legal status is maintained.
    Now, what is technically the last day in the previous company ?
    1. is it the last day that the employee worked there ? (which means the last day shown in the payslip or in the relieving certificate)
    2. is it the day when the previous company sends a revocation notice to USCIS to cancel the existing H1B application


    Also, assume the new company raises the H1B for the employee on the 10th day and therefore the legal status is maintained. Now, I believe the person would have 30 days from then to join the new company and be part of their payroll. is this correct or how much time would the person have ? At any rate, we are talking about 10-20 days where the person does not have any payroll against him / her. is that an issue by any chance

    Regards,
    J_Pirlo
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The last day is the last day that the employee worked and received pay.
     
  3. J_Pirlo

    J_Pirlo New Member

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    Thanks Ron.

    On the second question,
    Assume the new company raises the H1B for the employee on the 10th day and therefore the legal status is maintained. Now, I believe the person would have 30 days from then to join the new company and be part of their payroll. is this correct or how much time would the person have to join the new company ? At any rate, we are talking about 10-20 days where the person does not have any payroll against him / her. is that an issue by any chance
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your understanding is essentially correct.
     

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