serve notice period to old employer and working for new employer after H1B transfer


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I am currently working with a consulting firm(Employer A)  which holds my H1B. I am off the project and looking for new one. I recently got a full time opportunity with Employer B (Fortune 500). This company is product base. I do have latest pay stubs from my employer A on bench period.My H1B is transfer  from Employer A to Employer B is in progress right now. I can start the my employment as soon as I receive the petition number from USCIS. Would it be ok to serve the 2 week notice period to my current employer A and keep continue working for new employer B at the same time once H1B is approved? Just to note that I am on bench and expecting to get petition number for H1B transfer  from USCIS in 2-3 weeks. Appreciate if any of you could answer my question with if there is any risk involved doing so.Thanks.

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I am currently working with a consulting firm(Employer A)  which holds my H1B. I am off the project and looking for new one. I recently got a full time opportunity with Employer B (Fortune 500). This company is product base. I do have latest pay stubs from my employer A on bench period.My H1B is transfer  from Employer A to Employer B is in progress right now. I can start the my employment as soon as I receive the petition number from USCIS. Would it be ok to serve the 2 week notice period to my current employer A and keep continue working for new employer B at the same time once H1B is approved? Just to note that I am on bench and expecting to get petition number for H1B transfer  from USCIS in 2-3 weeks. Appreciate if any of you could answer my question with if there is any risk involved doing so.Thanks.

What would be situation if current employer revokes your H1B petition and new employer's H1B gets denied? Better to join new employer after H1B petition approval.

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How can you be employed full time by both? You need to serve your notice before beginning work for you new employer. TO do otherwise is unethical - even if you are on the bench. If your current employer were to discover this, he should fire you for cause and revoke your petition immediately!

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I am currently working with a consulting firm(Employer A)  which holds my H1B. I am off the project and looking for new one. I recently got a full time opportunity with Employer B (Fortune 500). This company is product base. I do have latest pay stubs from my employer A on bench period.My H1B is transfer  from Employer A to Employer B is in progress right now. I can start the my employment as soon as I receive the petition number from USCIS. Would it be ok to serve the 2 week notice period to my current employer A and keep continue working for new employer B at the same time once H1B is approved? Just to note that I am on bench and expecting to get petition number for H1B transfer  from USCIS in 2-3 weeks. Appreciate if any of you could answer my question with if there is any risk involved doing so.Thanks.

I went through this recently. I was told by my new (current) employers' attorney that I can start working once the H1B petition documents are received by USCIS [FedEx approval]. So, I went ahead and gave notice risking my status. Fortunately the new employer is a big Fortune 100 company and they did everything perfect and H1B got approved within 4 days. Even after approval I continued to serve the required notice period with my old employer and exited without issues.

 

But the issue here is that you are on bench. My suggestion is that you upgrade that to Premium , get it approved and join after 2 weeks. In that case you are safe. even if your old employer revokes your H1B you are good. [but I was told by my attorney at that time that even if they revoke, it is not an issue as USCIS has received the petition. the risk here is if your new petition gets rejected for some reason. Make sure your employer is not a bodyshop company and are indeed a great fortune xxx company. depends on credentials a lot

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