I’m on a TN and when moving employers, i gave my resignation notice the day before my new job was supposed to start. Why did I do to it one day before? Because i was scared my job offer would be rescinded because of all the job rescinds by employers these past few months, especially by my new company. As long as I gave it a day before, this was still legal Anyways, today I found out my company A which I resigned from still paid me for the next two weeks, but walked me out the day I gave my resignation. This put my employment end date with company A two weeks after I started my new job at company B. On a visa, i can’t be on payroll with two different companies unless I have Visas with both, and now what happened is that I was still considered on payroll with company A even though I had left. Now, my GC might get rejected because I have an employment overlap of two weeks which is not allowed, as I only had a visa with one of these companies. I’m fucked. Simple as is. Waiting on what my attorney says but so far its not looking good. Company A won’t change their date on the letter I got from them and keep saying it’s company policy. Tc 360 #visa #h1b #tnvisa
Next time quit your job without a backup like a man.
You might be asked about it in the gc interview, just go with an immigration lawyer and you should be fine.
Ive heard of people getting rejected/RFE-d during i140/485 for far less 😔
Lol. U think USCIS will care about 2 weeks of overlap? They don't.
My god. I wish and hope this is true
Dude you are stressing out unnecessarily. You won't have any problems. USCIS doesn't care about this. You haven't done any malicious crime. Have known many people who have worked with 2 companies for 1 month and they had no problems.
You are going to get your GC. You seem like a worrier to me. This is not a big deal AT ALL.
U definitely got that right. Fucking hate being an anxious person.
This story doesn't add up. You can have multiple TN work authorizations and you needed a new TN to start at the new employer as well as an existing one for the original employer. So you would have had both. Getting that new one would not have invalidated your old one so you would have had both and been authorized to work for both at the same time. It is not uncommon for consulting professionals to hold multiple TN authorizations enabling them to perform work for multiple clients. Your story doesn't make sense.
When you file a i-129 petition with USCIS under “change of employer”, it invalidates your old TN when you start your new TN. Maybe do a little research?
For proof. Look at the checkbox. When you select “change of employer”, which is what 99% of companies do, it invalidates your old TN. What you’re talking about is “concurrent employment” option and that’s super hard to get approved from what I know.
Let us know how it goes
The letter from company A should state your end date as the day you resigned. I resigned three weeks in advanced but my bonus was expected right in the week I had to leave. So my final date was stil The date I had mentioned on my resignation but my bonus was paid in the following week. I have all my letters and last pay stubs to current employer and they didn’t think there was any issue. Visa :h1, same change of employer was filed.
And payrolls are still processed later , for example in my current company I am paid salary after two weeks of that period. So there will be that overlap if my leave current organization
If your violation is under 180 days , you should be okay. Read about 245 section K. This may sound crazy but you van also try to contact ex company and say you got overpaid. Also just because you were paid after resignation foes not mean you were paid for 2 extra weeks. Payroll can run later...
What's new TC?