Multiple H1B's and being on multiple payrolls at the same time

studraghu

Registered Users (C)
Hi

I am currently on a H1B visa working for a company X fulltime (Permanent job) 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 (actually will work on this employer's client project) that is sponsoring a new H1B for me (in this case I will actually work for the client of this employer). I have 3 weeks of paid vacation that I accumulated with my current employer X that I would like to utilize (If Iresign I will loose it) 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 even If the clinet doesn't like me etc) 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. I actually am planning to take 2 weeks off at the new employer Y after the first 3 weeks (by that time my vacation with employer X will end) and come and inform the current employer X
that I am resigning (give a 2 weeks notcie--not actually needed but just a courtesy) and then after the two weeks go back and work for the employer Y at which point of time employer X can cancel my H1b. Also employer Y has just applied for the new H1B transfer petition and m still waiting on its approval while I am actually working for the client. (Applied, got the recepit and will start working for the employer Y's client as per the new laws wherein you don't need to wait for the approval). 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 Y at the same time (during the vacation time overlapping with the time that I actually owrk at employer Y). 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.
 
Yes although you would be walking on the edge, it is definitely a workable plan in my opinion.

Problems to watch out:
You cannot withdraw the company Y H visa, if you get paid by company Y and you decide to go back to company X. (because the payment by company Y is validated only if the H1 is approved or INS makes a decision for you.) . This can get ugly.

If company X I94 expires before the end of the vacation or a h4 is pending, your status (and h4 status) is at risk.

You can work for 2 H1 companies at the same time as long as there is not any contractual conflicts.
 
So, what happens If While working for Company Y, I get an offer from Company Z (which is possible, because I am pursuing a couple of other opportunities, not yet interviewed but hoping to get interviews on those and may be one of them works out) and then I try to apply H1B through Company Z while petition filed by Company Y is pending decision at the INS. Should I use the paystubs from company X or COmpany Y while applying for a petition on Company Z.
 
You can use either. Probably the ones you would stick to.
Consider Premium processing to eliminate such grey areas.
 
Just wanted to know if you were able to get the 2 H1 visas without any trouble.

Do you have to do anything specific to state that you do NOT want the first H1 to be cancelled when you apply for the second one ?

A response will be appreciated.
Thanks
RJ
 
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