double whammy!!??

[vixos]

I got laid off from Company A, which kept me on the payroll for two months following the termination date and hence, in status on my H-1B extension.

Within a week, I interviewed and accepted an offer with Company B. Unfortunately, they allowed me to start 10 days later, WITHOUT even applying for my H-1B extension transfer. I came to realize this only today (a day after I joined), by which time I had already clocked 2 days on Company B's payroll.

I was planning to inform Company A to take me off the payroll but hadn't gotten around to it yet.

Once we realized this, Company B decided to take me off the payroll and apply for the H1-B transfer first. They claim that the two days on the payroll will be treated as an honest mistake, but that they can't take it off their records (and may be reported to USCIS).

So, two questions arise:

1. How serious is the working two days without having applied for the transfer in the long run? Will it affect my chances of getting an eventual H-1B approval for Company B's job? Or restamping my visa etc. or getting my green card?

2. How serious is being on the payroll of both companies A and B for this two-day period?

Also, what is the best course of action on my part at this point?

I would really appreciate a response.

Thanks,
vixos

 

[nscagony]

File for the transfer. You are in status once the transfer has been applied for. The two days are bad but not fatal. You should try to leave/re-enter the US before you apply for I-485 to make sure you are in new fresh status.