Multiple H1B and multiple employers at the same time

studraghu

Registered Users (C)
Hi
First of all this is a H1B related issue, so please let me apoligize for posting in this section, the only reason for doing this is because I felt that there would be more people knowledgable in this part who would be able to answer my question.


I am currently on a H1B visa working for a company X that holds my H1B (no third parties, directly with the client--Perm job with the client). I have an offer from a different employer Y that is sponsoring a new H1B for me (in this case I will actually work for the client of this employer). I have 2-3 weeks of vacation that I accumulated with my current employer X that I would like to utilize and not waste before moving to the new job. Also since the offer that I have right now is actually to work for a client of the employer Y and be paid by the employer Y (as a consultant), I would like to see If I can take a paid vacation with my current employer and then go and work for my new employer Y and then depending on how it goes up there, either return to my current employer (If I dont like the new job or for any other reason) or actually at the end of my vacation period tell my current employer X that I am not coming back and resigning to my job. In this case, Is it ok to be paid for the vacation period with my current employer X as well as get paid for the work that I do with my new employer. What are the limitations and any legal or immigration implications If I do this. Is this ok to do at all? Please let me know. In this case I will have twe H1B's at the same time untill one of them actually cancels it after I inform my resignation.
 
In my opinion, probably there won't be any problem in your intented plan (because that small window of overlapped time will never be noticed by anybody in future). But technically working on two H1 visas at same time is illegal(i.e being on two payrolls at the same time). That's all I can say.
 
There is absolutely no problem! You can draw the vacation days check from Comp A and work for Comp B.

There is nothing illegal as Pralay stated. A person can hold multiple H1s and work for multiple companies with their respective H1s as long as atleast one job is F/T. That is the stipulation.

Good Luck!
 
In my case both of them are full time jobs, its just that I am trying not to waste my vacation accrued at my current job and then go to take up a new job (this is contract and hence would like to try to see how things go thee during the first couple of weeks), but If something doesnt work out there then I always have an option of coming back since Its only vacation that I have used, adn If everything works out wlle up at my new job, I will just inform my employer X that I will not be returning and hence that they can cancel my H1 and accept my resignation.
 
In my case both of them are full time jobs, its just that I am trying not to waste my vacation accrued at my current job and then go to take up a new job (this is contract and hence would like to try to see how things go thee during the first couple of weeks), but If something doesnt work out there then I always have an option of coming back since Its only vacation that I have used, adn If everything works out wlle up at my new job, I will just inform my employer X that I will not be returning and hence that they can cancel my H1 and accept my resignation.
 
My 2 cents.. and I am not an immigration attorney. Please check with one.

You do not have a problem at all. One can hold multiple H1Bs and can apply for green from multiple places. In your case, if you actually resign from company A, its breeze... ABSOLUTELY no problem. If you decide to go back you just give resignation to Company B. They will cancel your H1 from them. And since company A never cancelled your H1B you just fit right in after your working vacation.

Best luck.
 
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