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The man I love hates me because I’m Vietnamese
Hello! Asking this question on behalf of my spouse. They are on an H1B work visa with company A. Now plan to switch jobs and move to company B. Due to the current market/layoffs situation, they are afraid to give two week notice period to company A before joining B fearing if the offer may get rescinded while on notice then it could be a very difficult situation. Company B has filed an H1B visa under a change of employer type (Not concurrent employment). New employment starts on Jan 9th. Is it possible/legal to be employed by two companies for a week or two? They plan to put papers in Company A after joining company B and give a 1-2 week notice. Please suggest how valid it is. And if there are other options. #H1b #immigration #workvisa #h1b
There is also something called part time H1B. Explore with the attorney
How on earth vacation can help in this case?
Both H1Bs can be valid at the same time. Unless the employment contracts are violated in some way that could result in adverse action, this is ok to do from immigration point of view.
I always do like this h1b approved in new company. Then I say my tentative joining date which is 2 weeks of notice period in my current company to go out in good terms. So let's say it got approved today I will inform my new employer I will join 2 weeks from now and put my resignation in my current company
You mean to say you work for 2 companies during notice period?
I don’t know if this is allowed. Given that there is something called concurrent H1-B to tackle this kind of situation, I doubt working for two employers without concurrent H1-B would be clean from immigration point of view. Better to talk to a layer to know if it is legal or it is some grey area. You don’t have to give two weeks notice. You may just leave on the same day you give notice. But if you think company B may revoke the offer within two weeks notice period, they might as well lay them off after joining. You are taking the risk no matter what.
This!
No two paychecks from different employers (even if vacation time is paid) should overlap. Consult an attorney though it’s likely not legal to hold two “active” jobs on work visa.
DM me. I can share some details
Yes, you can have multiple H1Bs legally
Looks like it is changing: https://cilawgroup.com/news/2022/03/03/uscis-restricts-multiple-h-1b-cap-petitions-beneficiary-related-employers/
@Meta: This is not about new H1B petitions. The question is around cap exempt h1b visa transfer process which is different than brand new visas.