When I Get the New I-797, is There a Latest Date for Me to Go

Hi, there:
I recently transferred my H1B visa to a new company. The starting date on the I-797 form is Jan 2, 2009. But unfortunately, I cannot finish my current work in my current company and my current boss wants me to delay joining the new company. But since one person can only have one full-time H1B visa, if I don't join the new company by the specified date on I-797, will I automatically give up my new H1B job?

Thanks
Robert

If I understand you correctly, you were present in the U.S. on an H1B, and in status working for "Employer A". You then got an offer with "Employer B" and sought an H1B transfer. That has now been approved. There has been no change of status - it's a straight H1B to H1B transfer - and you're already in the United States.

If my understanding is correct, you can keep working for Employer A as long as your H1B remains valid, provided Employer A doesn't revoke your work authorization - something they won't realistically do if they want and need you to work for them. You could even work for Employer B for a while then go back to Employer A, as long as you remain in status on your H1B and your work authorization has not been revoked by that employer.

I don't expect a problem with a delay of your start date, but how long are you talking about and do you intend to leave the U.S. between jobs?

Hi, Mr. Knowitall:
Thanks for your suggestions. Yes, my current status is exactly what you said. I am thinking about delaying joining the new employer for two months. And I am also thinking about travelling outside US before I join the new employer. So is it a problem if I come back to US at a date later than the specified starting date on the new I-797?

Thanks again!
Robert