H1 B Transfer - Urgent Help

S

shyamarunachala

New Member
1. I was working with Employer A on H1B

2. I took up offer from Employer B and the Employer B insisted that i
commence work from 05-May-2008

3. I had to give two weeks notice to my current employer and hence my
last working day with Employer A was 09-May-2008.

4. Employer B filed my LCA on 05/05/2008 and My I-129 Receipt got
filed on 07-May-2008.

I thus have an overlap of one week ( 05-May-2008 to 09-May-2008) with
two employers.

I have the following questions:

1. Will this overlap be a problem from W-2 Return filing angle

2. How will it impact my GC filing process

3. Any other issues that may crop up that i need to be aware of?

4. Can I Say i took a vacation for a week from employer A?

Thanks in advance
 
1) No. Even illegal employment is ok tax-wise. Just make sure you declare every income.

2) They might find out through your W-2. You violated a handful of laws and worked illegally, but since it was for a relatively short time you should be able to get away with it.

3) Its always good to consult an attorney over this.

4) Absolutely no. Don't lie to USCIS. Its immigration fraud and that can get you everything from denied to deported. All they have to do is ask your employer and if your employer says you were not on vacation you are screwed.
 
Thanks

Hi,

Thanks a lot for your prompt response.

1. From a W-2 perspective i can always disclose everything. So this should be fine.

2. I am thinking not to apply for GC at this point in time or probably never if this could create problems. I have a good 1.5 Years + 3 Years extension for stay in US and I dont intend staying longer than that.

I should admit it was foolish on my part to concede to the pressure of my prospective employer. I should have bought some time.

Do you think I should explain the situation to my current employer ( Employer B) and get the start date reset to a later date than 09-May-2008? Will this help?

Thanks once again.
 
You must log in or register to reply here.
Top