H1B Transfer to New COmpany while not resigning old Company

[nicejack79]

Hi,

I am planning to join new company B while not resigning from old company A (reason is not sure how new job will go also money is pending from A). Please let me know if i can work for new company like that for one month or so then resign from old company.

I have approved H1B from Old company and New company is going to file H1B in normal mode but i am joining in receipt.

PLease let me know if i can do this.

[txh1b]

Sure can but you should not be working for both of them at the same time in any fashion unless the H1b is filed as concurrent h1b. If it is filed in Normal processing, I don't find a reason to do it as the result will not be out soon.

It makes sense with PP in case the application gets denied, you can go back to the older company.

[nicejack79]

So you say if i do PP then i can try this option working for New company and also don;t resign from Old Company?

Also what if i go loss of pay from old company and join new company even if it is normal processing? So i make sure i am not paid by both company at same time. Would that allow me to do that?

Please let me know your view.

Thanks for Prompt reply.

[txh1b]

You can do either. Just don't work for two companies at the same time.

[nicejack79]

When you say just don't work for two company at same time? Means i should not get paid or what?

Because i am not resigning from old company so i am still employee of old company and joining new company so becoming employee of new company also.

So does that mean i am working for two companies at same time?

Please help me on this.

[shervin143]

You cannot have payslips from two employers at the same time when you are in H1B unless the H1B is filed as a concurrent H1B.

When you say just don't work for two company at same time? Means i should not get paid or what?

Because i am not resigning from old company so i am still employee of old company and joining new company so becoming employee of new company also.

So does that mean i am working for two companies at same time?

Please help me on this.

[nicejack79]

So if i go loss of pay from old employer (but i don;t know if paystub would be generated) would that mean i am not having paystubs from two employer at same time?

[txh1b]

Resignation is between you and the employer. USCIS has got nothing to do with your resignation. All you need to do is not perform work at two places at the same time. When you resign is immaterial.

[nicejack79]

So for USCIS to know i am not working for two companys is when old company cancel my H1?

If i officially resign and join new company but if my old company cancel my H1B latter say 2-3 month then USCIS will assume i worked at two places, or in letter they will mention that on what date employee stopped working, that will tell USCIS what was my last day with old company.


If this is the way then it means i go loss of pay or not USCIS will understand i am working for two employer.

One more thing, if i just do it for 4 weeks is it a big concern or it will be bailed out? Please share your experience.

[shervin143]

I don't know it is so difficult for you to understand a simple thing after providing all the required answers. There are companies who don't even send notification to revoke the petition.

The simple thing that you need to know is to NOT get paid by multiple employers for the same time period (That is allwoed only if the petitions are filed as concurrent H1B petitions). By the end of the year, you will have two W2's (One form old employer and one from new one) and they should not overlap.

[nicejack79]

I am really sorry not to understand simple thing but when i try to understand i get more confused. I just checked my last year W2 but no where they wrote dates of employment. So how do i know by looking at W2 that they are not overlapped.

Please clarify. I mean i am just trying to see if i can really work with new employer and resign latter with old employer say after 4 weeks. Do you see big issues on it legally?

[shervin143]

You can join the new employer and send the resignation to the old employer later. Just make sure the old employer don't pay you for the same period where you get paid by your new employer. Because it is illegal to work for two employers at the same time when the H1B is not filed as a concurrent H1B. Things like tax getting deducted by two employers at the same time on yur pay, money getting credited to your bank accounts, double pay slips etc can easily prove that you worked for multiple employers and it can cause issues.

[txh1b]

Hmmmm.....

Short answer: Join New company, Go on long leave or abscond from Employer A, hide anywhere for any amount of time while you work for new employer B, Tell A to go to hell on one fine morning, enjoy life at B.

USCIS is least bothered of when you resign. It is your duty to not violate any law and not work. Work meaning perform physical work. Not paycheck date or time or deposit in the bank.

There are times when paychecks come 2-3 weeks later and you might already get one from new employer. That is still OK as you are not performing "work" at two places at the same time.

If you are very concerned about your set-up, just DONT DO IT!

Phew!

[nicejack79]

THanks alot for all your support you really made it very easy now for me. I really owe you something .

So now i got it that i should not perform "WORK (physically work at two company ) but i can go loss of pay from company A and start working for Company B, even Company A runs payroll may be $0 or some leaves pay it doesn;t matter.

SO i am not breaking any law? So you do not see any issues if they run any $0 pay stubs for me as i would be on their payroll as i didn;t resign.

But when i get bonus then they will pay me through paystub would that cause any issue?

[txh1b]

Just ethical issues.