Work in 2 employers, but I will be laid off from one

[yuLC]

I am in H-1B status and was notified from my employer about a month ago that I will be laid off in a month, but the exact last day was not notified. And I am still in employment and found a job and the start date will be the first working day of the next month. I just worry about what happens when I am still in employment with my current company after the next company's start date has passed. To get a severance package, I can not resign the first employer. So I think of using my PTO until I will get laid off from my first company(probably, 2 weeks or 1 month), but I do not know I can work in 2 different companies simultanuously, but in full time for the both.

I know this is a strange question, but US citizens or green card holers sometimes take this way to obtain a severance package. If anyone know about this, please advise me.

Thank You

 

[immi4674]

I got laid-off on Nov-05-2008 from a top consulting company "X" and have salary slip till Nov-05-2008. Just to save my status immediately, i applied for H1 transfer thru a small Consulting company "A" on Nov-14-2008(9 days out of status) .I dont have any salary slip and planned to start a Project on Dec 1 2009 thru Company "A".

I got another offer from Big Consulting company "B" and planning to Transfer H1(Premium Processing) on Nov-22-2008, basis on the Company "X" Salary slip(Ending period Nov-05-2008).

What are the Risk involved in Transferring H1 to Company "B" ? What do you recommend, Should I stay with Company "A" and start the project(risky) on Dec-1 or can i Move to Company "B" for secure and better opportunities?

If INS doesnt attach I94(Due to out of status for few(9-10) days) then i may have to go out of USA and Stamped Visa, Visa stamping may be a problem incase of small company.

What is the best,legal and safe available option for me?

 

[strugglingonh1]

legally you can have H1 from upto 6 employers but you can work for only one of them at one time..You are not allowed to do part time or any work which does not come under skilled labor act for h1..You should try to avoid the over lapping dates with the employment..In this case, you might have to leave the severance package if dates overlap or delay the joining at the new company if you can..