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Impact on GC - Had to do two H1 Jobs in past at same time

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  • Impact on GC - Had to do two H1 Jobs in past at same time

    Hello,
    I am concerned to know what might be the impact on my GC process, I did two Different Jobs with two different employers with valid H1 for each employers. I did work at both place at same time for around 3 months.
    I paid taxes as per the rule, thru both employer so i believe i paid double taxes for those 3 months, is it going to be a problem in my GC process ? or can i pay fine and get it sort out ? Please let me know what are options now ?

    Thanks

  • #2
    Please help ...anyone

    Comment


    • #3
      It is illegal to work for multiple H1B employers at the same time unless the H1Bs are approved as concurrent H1B petition. By the end of the year you are going to get two W2's which will overlap. There is nothing you can do to correct it now. Consult an experienced immigration attorney.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Thanks, Like normal H1B duration is 6 years , is Concurrent H1 is for 3 Years or lesser duration ? coz someone is working at two jobs with normal H1 + Concurrent H1?

        Also if i have two w2's i don't think it shows the exact duration in it, but ya from paystub's it can be find that there is a overlap. let me know if i am wrong ?

        Comment


        • #5
          Like normal H1B duration is 6 years , is Concurrent H1 is for 3 Years or lesser duration ? coz someone is working at two jobs with normal H1 + Concurrent H1?
          >>> The validity remains the same. Usually concurrent H1Bs are filed when a person works two part times jobs.

          Also if i have two w2's i don't think it shows the exact duration in it, but ya from paystub's it can be find that there is a overlap. let me know if i am wrong?
          >>> It just doesn't show up in your W2. The consulate will have access to your records at IRS and that would show for which months you have paid your taxes and for which months you haven't. That is how they figure out the out of status period. It is not difficult for them to figure out if you were employed with multiple employers at the same time. It all depends on howmuch they look into your case when you attend the visa interview.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thanks ! well i am not planning to go for visa interview anytime soon, i know it was a mistake. I am wondering at what step(140 or 485) on my GC process it might create an issue ?

            At What step in GC process they check for last 6 years taxes ?

            if they send me a RFE for working at two different employees for 3 months, what would be option for me to sort it out ? Did you hear anything regarding this for anyone in past ?

            I was not aware of Concurrent H1 at that time, else i would have convince my employer to file as a concurrent H1. Just a thought - Is it possible to change it later(from H1 to concurrent H1 with same employer) or its would be a whole new Concurrent H1 filing ?

            Comment


            • #7
              Well, they may be check in all three stages. Usually they may check during your labor or I-485. I-140 is usually for checking the company documents. You cannot change what has already happened. If you are concerned, as previously mentioned, consult an immigration attorney. You are not going to get a solution in any of the forums for a mistake that is committed in the past.

              Originally posted by tomtomc80 View Post
              Thanks ! well i am not planning to go for visa interview anytime soon, i know it was a mistake. I am wondering at what step(140 or 485) on my GC process it might create an issue ?

              At What step in GC process they check for last 6 years taxes ?

              if they send me a RFE for working at two different employees for 3 months, what would be option for me to sort it out ? Did you hear anything regarding this for anyone in past ?

              I was not aware of Concurrent H1 at that time, else i would have convince my employer to file as a concurrent H1. Just a thought - Is it possible to change it later(from H1 to concurrent H1 with same employer) or its would be a whole new Concurrent H1 filing ?
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Two W2s for the same period from two different employees

                Hi, I have the same problem discussed here. I am on H1B. I was working for company A. i got offer from company B. I joined company B over the phone and i did not sign on any joining documents. on the date of joining i was still working for company A. On next day after joining the company B, i informed that i am not going to work for them and continued with company A. I never reported to company B. But company B cancelled my empoyment and ran payroll for 4 days. They tried to contact me for bank details to depsoit the 4 days salary but i never responded to them. But they generated W2 and uploaded to ADP website where i can see it. Please suggest what do you want me to do? if i contact company B for W2 correction, they may not agree for it. All these happened in 2011.

                Comment


                • #9
                  Originally posted by ram123456 View Post
                  Hi, I have the same problem discussed here. I am on H1B. I was working for company A. i got offer from company B. I joined company B over the phone and i did not sign on any joining documents. on the date of joining i was still working for company A. On next day after joining the company B, i informed that i am not going to work for them and continued with company A. I never reported to company B. But company B cancelled my empoyment and ran payroll for 4 days. They tried to contact me for bank details to depsoit the 4 days salary but i never responded to them. But they generated W2 and uploaded to ADP website where i can see it. Please suggest what do you want me to do? if i contact company B for W2 correction, they may not agree for it. All these happened in 2011.

                  Ram,
                  Could you share any updates if you have, did you face any issues at any stage so far ?


                  I have few friends and also i did with other employers, everyone says its better not to work on two jobs at same time, but they never faced any issues so for, they got Lapor,140 and H1 xfer, Stamping done without any issues even after working two jobs on two different I797 at same time thru H1 xfer.

                  Comment


                  • #10
                    Hi Ram,
                    Any update on your case? Have you ever faced any issues? I am in the same boat..I need to work for two employers for six weeks and wondering if there will be any issue? Looks like there is no USCIS document that says H1B can not work for two employers? (if there is then please share )

                    Comment


                    • #11
                      Hi,
                      As a H1B holder, you can work for two Employers. But, each Employer must file H1B petition and it must be approved.. Please note, this is called as Concurrent H1B.
                      Thanks

                      Comment

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