Entering US after H1B petition start date but before employment start date

I currently work for Company X on H1B and am planning to switch jobs to Company Y. Company Y has already filed for an H1B petition (under premium processing) for me which has also already been approved and I’ve received an I-797 with a begin date of Nov.16. My Company X’s H1B peition is also going to be active for another year.

I plan to work for Company X until Dec.2 and then quit and leave the country on Dec.3. My start date with Company Y is Jan.4. I plan to the return to the US on Dec. 18. Is it ok to re-enter on that date considering my employment with Company Y doesn’t begin until Jan 4?

Which petition do you plan to show at PoE when returning in Dec? What do you plan to do b/w Dec 18 and Jan 4 - stay unemployed?

I will show Company Y’s petition as I will no longer be working for Company X, but will be looking forward to working for Company Y. I plan to use the time between Dec.18 and Jan.4 to relocate, since Company Y is in a different city. And yes, I’ll be technically unemployed from Dec.18 to Jan.4

H-1 rules allow you to enter at most 10 days prior to H-1 start date. As Y’s petition start date is Nov 16, you may be ok on that front.

Usually it is ok to have a week or so break in b/w to relocate, but this is 2.5 weeks and may be a gray area. Run this by Y’s attorney and see what they have to say.