H1 B, Multiple Employers & Paystub issues.

[spangroup]

Hello Gurus,
I would really appreciate if you can provide your expert advise.

I am currently employed with Employer A (I 140 approved).
Now I have received an offer from a prestigious institution (Employer B) to work for them for a fixed term of 1 year.

So I would like to get a new H1 B filed from Employer B, work for that employer for an year and return back to Employer A.
I wont get paid from Employer A during this 1 year I am with Employer B.

Please suggest if this is possible and if so, how can this be done without affecting my H1B & Green Card from Employer A.

Any advise will really help me make this critical decision.

Thanks

 

[ginnu]

Hello Gurus,
I would really appreciate if you can provide your expert advise.

I am currently employed with Employer A (I 140 approved).
Now I have received an offer from a prestigious institution (Employer B) to work for them for a fixed term of 1 year.

So I would like to get a new H1 B filed from Employer B, work for that employer for an year and return back to Employer A.
I wont get paid from Employer A during this 1 year I am with Employer B.

Please suggest if this is possible and if so, how can this be done without affecting my H1B & Green Card from Employer A.

Any advise will really help me make this critical decision.

Thanks

You can join with new employer with H1 transfer. Join new employer once you get H1 transfer filing receipt from USCIS or any evidence that USCIS got your H1 transfer petition.

Employer A filed your LC and I-140. If employer A doesn’t revoke I-140 then I don’t see problem for GC if employer A will give you job offer letter when you file your I-485. GC is for future job. one can be working on H1 with employer X and employer Y can file LC ,I-140 for you and you file I-485 .
If employer A revokes the I-140 then be ready to start GC process from first step. I dont know your relatinship with Employer A. Take your time think again then take the step.

 

[spangroup]

Thanks for the reply.

So after working for 1 year with Employer Y can I go back and work for employer X. Will my H1B with Employer X be still in tact even if I didnt get paid while I work for Employer Y?

Please advise

 

[srinivasak]

Yes you can do that.
After my I-140 approval I transferred my H1B to a new employer worked there for 8 months and come back to my previous employer. You need to inform your current employer that you will return him after 1 year to avoid revoking of I-140 by your previous employer. But if you are paying for your GC process than no need to inform your previous employer as they will not revoke your I-140. In my case I didn't informed my employer as I am paying for my GC process. No need to worry about the pay stubs as GC is for future employment. Once you applied for I-485 then you have to work for your previous employer for 180 days to be eligible for AC21 portability.

 

[spangroup]

Yes you can do that.
After my I-140 approval I transferred my H1B to a new employer worked there for 8 months and come back to my previous employer. You need to inform your current employer that you will return him after 1 year to avoid revoking of I-140 by your previous employer. But if you are paying for your GC process than no need to inform your previous employer as they will not revoke your I-140. In my case I didn't informed my employer as I am paying for my GC process. No need to worry about the pay stubs as GC is for future employment. Once you applied for I-485 then you have to work for your previous employer for 180 days to be eligible for AC21 portability.

Thank you for your response. That was very helpful.

So when I have to comeback to my original employer after working for 1 year with a different employer, do I need to re-apply for a transfer or can i just come back and start working?

Does employer B need to do anything special for me to have H1B from both companies in tact simultaneously?

Please advise

 

[ginnu]

Thank you for your response. That was very helpful.

So when I have to comeback to my original employer after working for 1 year with a different employer, do I need to re-apply for a transfer or can i just come back and start working?
---------------------if your H1 with employer A is valid and A has not revoked by writing to USCIS then you can join A.

Does employer B need to do anything special for me to have H1B from both companies in tact simultaneously?

-----------------------employer B only need to file H1 transfer filing for you. Before you join B.
Please advise

if you want to remain with B after GC then you also have other option:
your I-140 is filed by A and approved for employer A and once your PD is current get Job offer letter from A and file the I-485. once I-485 is pending for 180 days you can also send employer B permanent job offer with same/similar job duties as on LC to ivoke AC21.