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Urgent Help plz! Two H1B's? Who should I work?

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  • Urgent Help plz! Two H1B's? Who should I work?

    I am with employerA since 3 years and I am happy with him. We applied for Visa extension last month with premium processing and got a query. As my current visa was about to expire Jan 5,2009 and to be on a safer side I apprached EmployerB and applied for a H1B transfer just before Jan 5th and it got approved.

    My H1 case through employerA is still under pending and haven't responded to the query yet. Employer B is forcing me to join him but I want to wait until my case decision through EmployerA is made. My payroll is currently being run by A.

    My questions:
    1. Can I stay with Employer A until a decision is made and is it legal that he can run my payroll?
    2. As my H1 is transferred to B, does he also need to run my payroll as I am now an employee for B? I can't have two payrolls run

    3. I want to work for Employer A if my H1 gets approved. However, if it gets denied I have no option than to join B. When should employer B start me on his payroll?

    please respond asasp with best suggestions possible.

  • #2
    1. Yes, provided they are going to reply to RFE.
    2. Not until you join them or report to work or make yourself available.
    3. Immediately upon denial of A.

    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.

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