合法的话两份工作之间的gap必须要衔接上。

Q: What exactly does "out of status" mean? My H-1B visa stamp and I-94 card are still valid. I'm looking for a new employer but I'm not working currently. Am I "out of status"?

A: Being out of status means that you are not complying in some way, with one or more of the requirements set out for your particular visa category. In the case of the H-1B category, only one of the following situations need to have been experienced to be considered "out of status", now or in the past:

a. You have overstayed the validity date shown on your most recent I-94 card.

b. You are or have been unemployed for a period of time (when submitting a new petition for employment, USCIS will usually accept proof of employment that is no older than 30 days, i.e. recent paycheck stub).

c. You have worked (no matter how long) and received pay from an employer who did not have an approved I-129 Petition for Nonimmigrant Worker, showing you as the beneficiary.

And, we often hear: "I'm not working but my visa and I-94 card are still valid"...and they do not consider themselves "out of status". But as shown in "b" above, the mere fact that you have or are unemployed automatically invalidates your H-1B visa, no matter what the expiration date is! You must maintain employment in order to maintain the requirements of the H-1B visa.