After GC Can I have 2 full time jobs, 1 with my GC sponser and the other with current

O

ozone111

Registered Users (C)
Hi,

I started my H1-B with a consulting company A in 2005 which also started my green card processing in 2006. I left company A in 2007 as I got a full time offer from one fortune 500 company B by transferring my H1-B from Company A to company B. In the mean time, Company A notified me that my I-140 was approved and agreed to proceed with my AOS filing. In 2008, I filed my AOS through company A for future employment and my GC got approved (Category- E26) for 10 years in July 2008.


I have few questions in this circumstance.


1. Company A has advised me to run few payrolls as I may have to prove my intent to work for the company. Can I do this when I am still employed with Company B? Can I have 2 full time jobs at the same if my work schedule do not conflict and if my quality of work at both Co. A and B are not affected?


2. I think I should notify company B to change my status to permanent resident from H1-B. But I am concerned if Co. B’s HR asks me on how I got the green card and if they know that I applied for future employment from Company A and if they ask me to leave the Company to comply immigration rules related to future employment.


3. Or, what would be best way to approach Co. B to notify them to change my status to permanent resident?


Your expert feedback will be highly appreciated.

Thanks,

Ozone
 
ozone111 said:
Can I have 2 full time jobs at the same if my work schedule do not conflict and if my quality of work at both Co. A and B are not affected?
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Yes.

But I am concerned if Co. B’s HR asks me on how I got the green card and if they know that I applied for future employment from Company A and if they ask me to leave the Company to comply immigration rules related to future employment.
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Company B does not need to know how you obtained Permanent Residency, nor is it any of their business. All you need to tell HR is that you are now a permanent resident.
 
Can I have 2 full time jobs at the same if my work schedule do not conflict and if my quality of work at both Co. A and B are not affected?
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Immigrationwise, yes. But the companies don't have to agree with your multi-employer arrangement, even if you don't think there is a conflict or a problem with the quality of work. One or both may fire you when they learn about the other company.

What is the full story ... are you working for both companies at the same time, and company B doesn't know you are also working for company A? So you are worried that updating your immigration status with B will make them find out about A? Or you want to start working for both of them? It's not going to be easy to work full time for both without them finding out.
 
Last edited by a moderator:
Thanks to TheRealcanadian!
Hi Jacko! In fact I would like to run only the payroll with Co. A while I am working for Co.B. Is there a harm if Co. B knows if I work for Co. A simultaneously but without having any impact on my quality of the work and schedule.

Thanks,
 
The problem may not be on the immigration side. Quite a few tech companies have hiring policies that forbid working for another entity -- the reasons could be anything from intellectual property to spying etc. I don't know if this would apply to your work.
 
As far as B is concerned, just fill out the I-9 form and go straight to the company's HR department and say you need to provide a revised I-9. Don't even say the word "green card", just fill out the form and show them the card as required.

If they ask about your green card, just say you had a green card application pending before you joined them and now it has been approved. If they ask who or how, just say "it's complicated, the lawyer who handled it did a good job." HR at big companies generally don't understand or care about the process well and don't want to get into the details, so you should be fine.

Still, if you try to keep working full time for both, they're likely to find out, and you could get in trouble with company B by working for both, but not in trouble with Immigration.
 
I think you can do it as long as you can make yourself appear at work at both the places during the hours you are expected to render your services.
However, say you work as a contractor for company C thru co. A, then make sure that co C and co B are not competitors of each other. Working as such is not right and you will most definitely get fired from co B if and when they come to know about co C.
 
Regardless of whether it is ethical or allowable unde either company's rules to work for the other, it is not a violation of your immig status, which is permanent resident.

However, you do have the obligation to provide any employer with up-to-date I-9 documentation, so you need to have, on file with any of your employers, an I-9 whiuch states you are GC holder -- not H1-B or EAD or whatever other status you previously had.
 
Thanks

Thank you so much Nelsona, Memphian, aabbcc11 and jacko!! I really appreciate all of your expert views and feedback.

One of the issue is still not clear to me.
If I keep continuing to work for B and only run a payroll for A (for example 6 months), what is the chances that B may find out about my simultaneous payroll with A? A is just a small consulting company and B is a big corporate house. However, A and B are distant relatives. Co. A has some consultants who work onsite for Co. B not directly but through B's some preferred vendors C. So, I believe when C does business with B, A does not come into the picture.

I would really appreciate if you could share your valuable experiences or thoughts on this.

Thanks
 
You're asking an employment/contractual question, not an immigration question ... which you'll have to answer for yourself because you know more than us how the companies relate to each other. But if one company suspects you of working for somebody else, they have ways of investigating to find out.

Note that if the job with B satisfies the AC21 criteria, there is no need to go back to A again. Ideally you would have worked for A for some time after filing the I-485, but you didn't ... however, you did work for A for a couple of years including when they filed your labor, so you should have enough evidence to show that it was not a fake job for a fake company.
 
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