Can I hold two H1B's (Need urgent help.. please provide input)

[kr1979]

Hi all,

I am currently in a very complicated situation. I was laid off from my job back in Feb 2009 and then transferred my H1B visa to a consulting firm A. I was on a project with that consulting firm A until end of May and since than I am on a bench and looking for another project. Now I recently found another good long term project, but this new project is through another consulting agency B who do not work on corp-to-corp basis and only work on W-2 basis. This new consulting agency B is fine with transferring my H1B visa under them, but I have few doubts/concerns that I am seeking answers for:

1) This new consulting agency B is not as flexible as the consulting agency A who is currently holding my H1B. So if I transfer my visa to this new agency B and then later on if I am out of the project, this agency B will revoke my visa within 10 days of my loosing the project if I don't find another project by then. So I was thinking that if I can hold multiple H1B's, then I will not transfer out of my H1B visa with agency A and will keep my H1B with them and file for a new H1B with the new agency B so that even in future if I loose the project and if the agency B revokes my H1B, I will still have my visa with the Agency A.

2) This new agency B is also fine with filing for my green card right away, so is there a way I can protect myself from being out of status if the new agency files for my H1B transfer and green card simultaneously.

3) Since I am on a bench since May '09, I don't have any recent paystubs for the month of August or July or June. So will this create any problems when I file for a transfer/new H1B through consulting agency B.

I have to decide on this new project offer with consulting firm B very quickly, and so will really appreciate any input from the fellow H1B holders and lawyers.

Thanks in advance.


Regards,
Kanchan

 

[Concerned4us]

You do not currently have a job, and you appear to not trust your potential employer B yet you are expecting to have a green card filed and make it through the PERM process with B even while talking about going back to work for A.

Recent actions indicate that employers are more often cancelling visas once an employee leaves. I expect this due to the expectation that they will be forced to pay for bench time when employer is no longer working for him. This was written up in an attorney's website but I cannot remember which one at this time.

You are out of status for 3 months without paystubs. Transfer to employer B will likely be denied. You will need to wait for approval and exit and reenter.

Remember, any actions that you take that are not in accordance with US regulations come back to hurt primarily you. I am suspicious of an employer promising a GC so quickly when you discuss needing to return to your previous employer. Your out of status time will adversely affect your GC filing.

By the way, be very careful about what fees you pay for a GC as they are very limited. Do not pay an employer to initiate filing.