What happens to H1B status if there is 2 week gap between jobs?

Sunny Duetsch, Humble beginnings to greatness

Answered Feb 11, 2017

After reading all the answers, I think I am most qualified to answer since I have been in this situation. I had a 2 week gap when I switched jobs. When my green card was initiated 3 years later, I was worried if the 2 week gap might cause issues. However, the immigration team from my company assured me that a 2 week gap won't be a problem. Sure enough it wasn't a problem and I crossed all stages of green card - PERM, I-140 and I-485 - without any RFEs and got my green card.

From what I've researched, including immigration lawyers’ consultation, uscis will overlook ‘small’ gaps in employment since that is partially beyond a person's control. For e.g. If a person is laid off, finding a job, next day, on H1B visa is nearly impossible. Best case scenario, it takes at least a week or 2 so USCIS gives some wiggle room to the candidate.

Small gap is a relative term but my guesstimate is that anywhere between 2 weeks and upto 2 months *maybe* considered a small gap. Each case is individually assessed so no guarantees there.

So, even though you are out of status technically it won't hamper your green card process in any way.

Reference:
https://www.quora.com/What-happens-to-H1B-status-if-there-is-2-week-gap-between-jobs