Joining a new job without resigning the current job

J

junior_member

Registered Users (C)
Hello All,

Currently I am working for Company A, and they forced me to go on unpaid vacation (since 3 months I have been waiting to complete 180 days, and now its more than 180 days)due to the current market conditions. Right now I am sitting home, and I have another offer to join sometime in Jan.

My questions are:

1. Can I join Company B using my EAD, without resigning in company A (My understanding is not to resign from company A since it may cause some problems).

2. What are the options to join Company B.
3. If I join company B, do I need to inform to INS ?

Any feed back is appreciated.

Thanks
Junior Member
 
You should resign from company A before joing company B

I am assuming that company A is holding your H1 and is the GC sponsor.
You cannot work on H1 and EAD together. Though using EAD you can work for company A + Company B.
Also AC21 law doesn't differentiate between voluntary resignation and being terminated.
So I would suggest join company B and if everything goes well resign the very same evening from comapny A.
 
What if I do not get paid for Company B

I have one more question.

What if I start working for Company B's client now, and do not get paid until I really join the company B.
 
Working for someone without pay is same thing as legally not working for him. So start working for company B if you wish and be on roll when they ask for it.
But make sure that they will hire you after some time it should not be like that after getting work form you they FIRE you and in that case you wont be able to do any thing.
It is safe to have new job but work on EAD don't get the H1 transfer. Remember use of EAD will cancel your H1 and hence you need AP to travel outside the USA.


This is my understanding but talk to lawyer for legal advise.
 
Thanks Vipsha

Vipsha,

Thanks for your response. Right now I joined my friend's company B, working at a client's place with no pay. I asked him to hold the money until I join him. Probably this is the best thing I can do.

Thanks Again
Junior Member
 
Don't depend on any posts here

Talk to some good independent lawyer.

Talk to someone in Rajiv Khanna's office for a free advice.
 
my understanding is that once you have EAD you can work for any number of companies. Just that you have to work for all (or one) of them using EAD only and not H1. Please make this company pay you for your services. When your original company pays you, tell them to change their record to indicate that your status is EAD and not H1.

good luck...
 
I have a suggestion. Please contact an attorney. I am sure I know the answer he will give, but it will give you some confidence. If it helps you get paid, then the fee is $$ really well spent.

good luck...
 
Use common sense also

What if an RFE is generated in your case. You mentioned that you are on unpaid vacation with company 'A' and working for 'B' without pay.

If an RFE for paystubs is generated in your case then you will have to wait for atleast 2-3 months for the paychecks to be generated from either company 'A' or 'B' so that you can reply to the RFE.

It has been made clear and loud on various web sites that it's safe to leave the sponsor employer after 180 days and invoke AC 21 rule, without affecting your 485 as long as the job description and pay is the same that is mentioned in the labor.

It good to get the opinion of your attorney. Since you have joined your friend probably you won't have any problem in getting the same job title and salary (atleast on paper).

Hope it helps.
 
junior_member,

Interesting that you receive tons of good advice for free, but are not looking to spend some $$ and get good advise from a lawyer, who can guide you on the absolute correct path, since he will know you background! While people here post on collective knowledge, you need to do some homework! This is a much repeated theme on the board, go search some archives, or spend some money talking to a lawyer!

Don't be a lazy SOB and expect everything to be force fed to you.

Good luck in your endeavour!
 
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