Gurus Unique situation,Help

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tuxedo

Registered Users (C)
Hi Gurus,Please help me.

I work for a reputed consulting company on H1B and finished my current assignment.
My 485 is been pending for more than a year and 140 has been approved in 2004.
Have also got EAD.

I just came to know that,they will be laying me off next month
As the company is going through a rough time.

I have an offer from another company to work on EAD and need to start the project next monday.

Can i hide about this offer with my current employer as if i resign i would not be getting
any benefits(ex: severance package ) and start working with the new employer on EAD.

that means i will be getting the salary from current employer on H1B status till next month(layoff) and
will be getting salary from future employer on EAD status.

Is this legal.Please advise.

Appreciate your help.
 
Sounds like you have finished your current assignment...but are'nt you supposed to show up for work with your prior company until next month? If not, it doe'st sound like you need to worry about it
------------------------------------
personal non-legal opinion only
 
Thanks but

Thanks Rdip and Pralay,

I supposed to go to the employers office but they are not asking me to come as any way they have decided to let me go after a month.Got this info from one of the reliable guys.
If i resign and go they will not give me severence package etc.
So i want to work for another employer from monday on EAD.
Only thing is my current employer will be paying me till next month on H1B status(as never used my EAD) and for the same period(for this month) my future employer will be paying me on EAD.

so will be geting paid from 2 companies for the same pay period on two different statuses.Is it legal.

Appreciate help.
 
tuxedo said:
so will be geting paid from 2 companies for the same pay period on two different statuses.Is it legal.
Click to expand...

The moment you use EAD card for 2nd job, you are not in H1 anymore (it becomes invalid automatically). Working two jobs in EAD is legal.
 
Just verify with the lawyer that using EAD will not invalidate your HIB. If is does, then there could be problem otherwise no problem at all.
If you are on EAD, you can get pay from more than one employer for the same period as long as you maintain one of them as your primary employer.

I guess there should be no problem, as you can argue that you got pay from both the employer on the basis of your EAD. I know, you are on H1 with your current employer but you also have EAD.

This is my understanding of EAD and I am not trained in immigration law so please use your judgement and/or ask your lawyer.

Can someone verify this
 
Just take the new Job Offer (one on EAD) and start at the earliest. It's nice that you got the job on your own. If your old employer can't get a project for you and still wants to pay for a month, I would consider that a windfall, not something illegal.
My case is little different than yours. I was working for a Consulting company (who sponsored my GC) on EAD (since my H1B timed out). My Client offered me a Fulltime position (by time I had completed more than 180 days of I485 etc.), which I took without (apparent) knowledge of my Employer (because, they were not direct Vendor to the Client). I didn't resign nor did they formally fire me (they just discontinued my Med. Coverage) and I got my GC approval recently.
Only thing that you may have to watch out for is, if your former Employer is closing their business, in which case you may need to Transfer your Case to the new employer.
 
You should be fine for the interim 1 Mo.
Whoever is your employer( 1 or multiple) is supposed to keep I-9 form showing your current status of work authorization. This document is required to be presented if asked for. There are instances of lag in providing this form to the employer by employee. I myself sent the 1-9 to my employer after about 5 Mo. of joining. I think that you can safely pretend that you mailed the I-9 and it never reached the office. Nobody is going to ask.

Again- this is what I know and your lawer will guide you the best
 
I would be only worried about finding a month after starting the new job (if it is a contract) that you are not fired from the previous one!! For once, that could turn out to be unpelasant! I hope your new job is'nt one that involves signing a contract commitment???
 
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