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Joining new company before leaving previous company while on H1B

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  • Joining new company before leaving previous company while on H1B

    I was working with Company A and have a approved H1B with them. I got an offer from Company B, which I accepted and got my H1B transferred to then. Since I was on bench with Company A, I have joined Company B today by completing their joining formalities, but haven't informed Company A about it. I didnt resign from Company A earlier, since I was not sure whether to join Company B or not. My joining on client location for Company B is in a week's time. I am planning to resign from Company A today itself and would ask them to release me from immediate effect (since i'm not working on any project)

    1. Since there will be a day of overlap between my employment with Company A and B, will this be a legal issue ?

    2. If there is a problem with this, I am planning to revoke my joining with Company B, and resume working for Company A (since I haven't resigned with Company A and am with Company B for just one day). Will this be a legal thing to do ?

    3. If Company A doesn't release me immediately, can I continue this overlap between A and B for a few days ? I will be only working on one project since A doesnt have a project for me.

  • #2
    As long as you are not getting paid from both the places for the same time period, you will be fine.

    Employment is at will and you can resign effective immediately!

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.