LayoffsMar 7, 2019

Severance package on H1-b

I recently got laid off. Company is keeping me on payroll for 2 months + severance only after 2 months are up. Now I am on h1–b. If I get a job while I am still at my former employer’s payroll, can I be on two payrolls at same time? I will be working for only 1 employer though.

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Veritas gjb1hk Mar 7, 2019

No. You need concurrent H1B for 2 active payrolls. You can get severance without any issues but can’t be on 2 active payrolls if you don’t have approval for concurrent H1B

SanDisk Sky8 OP Mar 7, 2019

In this case since I am on payroll for old employer, my h1-b will be valid until end date I can only join new employer after my h1-b has receipt/approval So does this count as two active payroll? Do I need to do anything extra?

Amazon JiEQ30 Mar 7, 2019

If you get another job, the new employer would have to get your h1b transferred from your current employer. Once that goes through, you will move payrolls. That’s my understanding.

Intel lyuE88 Mar 7, 2019

Wrong. You can have 2 H1bs concurrently at be on 2 payrolls

Magic Leap uqcT83 Mar 7, 2019

I think "JiEQ30" is right. You cannot have payroll running from both employers on H1b. I have done this for 1 week by mistake and I still need to justify it for any legal immigration process. Better not play with rules for small benefits and obviously check with immigration lawyer to confirm.

Snapchat txDC24 Mar 7, 2019

There is no such thing as a H1B transfer technically. The new employer just applies a new petition - people tend to call this “H1B transfer” but your old H1B is still valid until your old company cancels it.

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Aebo15 Mar 7, 2019

👍

Gigamon done Mar 7, 2019

Yes. You can get pay from 2 places.

SanDisk Sky8 OP Mar 7, 2019

Does this require to file different type of h1-b with new employer?

Gigamon done Mar 7, 2019

No..just file h1b transfer. You will continue to get paid by old employer

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EMVH32 Mar 10, 2019

You might consider that your employer gave you two months paid time off and severance out of compassion. And that might be because they know you’re likely going to have a hard time securing a new job (companies are dumping visa holders right now) and will have to depart the US. They know it is expensive to relocate back to your home country. Best of luck!

Panasonic Avionics ontv16 Sep 23, 2021

Hi There Sky8! Have a question - will ping you