Need advice;Have H1 with 2 employers got offer from 3rd.

B

bassbasavaraj

Registered Users (C)
Hi,
I have a H1B visa with company A till Jan 2002.So my company A has filed for extension and i got it successfully,but company B which is middle man to the client.He forced me to do H1b with his company.So even he filed for H1B.I had to send my passport for stamping with company B.It got stamped for Feb 2002.I did not inform company A about this.
Unfortunately my project ended and I did not come to payroll of company B, even company A also stopped as there was no project. Now I got an offer from company C.
When company C did background check company A told that I am on leave from Feb 2002. Company A is asking me to send leave letter to them.
So my question is since my passport has stamping of company B can i send leave letter to company A?Is it legal that staying on leave for company A and working for company B on H1 status?
What should I do..can any one help me..
Thanks,
Basavaraj
 
get your dates cleared up...

You can have multiple H1 approvals/applications but at any point of time you should be using only one of them. If the validity dates of all the H1s overlap you just need to be sure of which company were you working for at a specified date (with underlying evidence like paystubs)
You can do a H1 transfer either from A or B. If you did not receive any pay from B, you can do a transfer from A to C.
 
No Title

Hi Jaxen,
Thanks for your help, but still I have few questions.If I decide to go by company A to company C, whether INS will question me regarding stamping on my passport that I had with company B?
As I told that I am without pay from Feb 2002,If I give a letter to company A stating that I am on leave (without pay) from Feb to till date and submit it for H1B transfer to company C whether will I have any problem for H1B transfer from INS?
Thanks in Advance,
Basavaraj
 
You will have problem..

If you cannot prove that you were working for either company for more than 90 days, you will be asked to go out of the country to get I94. If the time period is more than 180 days you are likely to be deported. So think about it.
 
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