Old employer wants me to work part time for 3 weeks without filing H1B amendment

[allrite]

Hi everyone,

I am on my 3rd year of H1B.

I have an odd situation. I recently resigned from my old company A to join the new company B (both good companies, direct products, 2k+ employees). After I resigned, my manager in old company A said that he would like me to work a little longer on a part time basis while I work full time with the new company B. I told him and A's HR that I think you need to file a new LCA and amendment to my H1B petition to let me work part time (since this is what I found googling and from this forum too). But A's HR said that I am allowed to work 3 weeks part time with them without any issues, but if it needs to be extended further, then they would need to file an amendment.

The deal we finally agreed upon is: I work full time 1 week with A and B concurrently and another 3 weeks part time with A and full time with B (B has no indication that I will still be working with A). They are non-competing companies, so from that angle its alright.

It feels fishy to me. But its surprising that A would do anything fishy since they are a good techie company overall and hires alot of H1Bs.

Also, will this affect my green card process in any way? I got my I-140 approved from A and plan to port the priority date at the filing in B.

Thanks a lot for answering!

-Sam

[shervin143]

You cannot work for both the employers at the same time if the petitions are not filed as concurrent H1B petitions. In such case, if you have overlap in your payslips, then it is a voilation of H1B regulation and it will cause issues later. The W2s from both these employer will show an overlap and it will cause all kind of mess. In order to legally work for two employers at the same time, the second employer will need file a new CONCURRENT H1B petition and that should be approved by USCIS for you to work. Consult a good immigration attorney.

[allrite]

Thanks shervin143. So, in my case, employer A is the old employer and employer B is the new one. So, which employer needs to file for concurrent H1B petition?

Right now, employer B (new employer) has already filed a new H1B petition and that petition is already approved. Since employer A is the one who wants the 'favor' from me (they want me to work a little more even though I resigned already), should they be the one who will file for the amendment to the existing H1B petition to make it concurrent?

I will consult with an immigration attorney (I don't know anyone unfortunately, so will have to research a little), but I want to be well educated before I talk to someone.

Thanks a lot for the reply again!

[shervin143]

You cannot work for employer A in a part time basis since your part time pay will not match your approved LCA filed by employer A. So employer A should file a new LCA for part time and then an H1B petition should be filed based on that LCA (as a concurrent petition). If that petition gets approved, you can start working for employer B (full time) and employer A (part time).

Thanks shervin143. So, in my case, employer A is the old employer and employer B is the new one. So, which employer needs to file for concurrent H1B petition?

Right now, employer B (new employer) has already filed a new H1B petition and that petition is already approved. Since employer A is the one who wants the 'favor' from me (they want me to work a little more even though I resigned already), should they be the one who will file for the amendment to the existing H1B petition to make it concurrent?

I will consult with an immigration attorney (I don't know anyone unfortunately, so will have to research a little), but I want to be well educated before I talk to someone.

Thanks a lot for the reply again!

[allrite]

Thanks again for the reply.

I went back to them with this information and now they are saying that they always were meaning to file a new LCA and amended H1B petition. Huh

Anyways, what I am worried about now is the timing. Do the new LCA and amended H1B petition need to be approved before I start working concurrently at the two companies, or just filing is enough? Anything else I should be worried about?

I am pushing them to arrange a call with their attorneys now.

[shervin143]

The concurrent petition need tio get approved. Otherwise, if you start working and later the petition gets denied, then you will be in trouble for having worked for multiple employers at the same time. That will clearly sho in your W2s from both the companies.

Thanks again for the reply.

I went back to them with this information and now they are saying that they always were meaning to file a new LCA and amended H1B petition. Huh

Anyways, what I am worried about now is the timing. Do the new LCA and amended H1B petition need to be approved before I start working concurrently at the two companies, or just filing is enough? Anything else I should be worried about?

I am pushing them to arrange a call with their attorneys now.