Need Advice on how to smoothly transition to new FTE employer without pay loss from old consultancy employer


ganesha33

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Basically I got FTE from end-client and H1-transfer petition also successfully approved today..Now pending thing is just saying good bye to consultancy but consultancy pay cycle is one month later ..I have been working with this xyz  Technologies for past 7 years and I am not sure how they will handle  resignation so  I want your opinion on the correct way to handle  this to  avoid any pay loss because their pay cycle is one  month later.

I have 3 options .

1)If I give a 2 week notice to old employer , chances are they will not pay me for one whole month (~7K).If such a thing were to happen, Do I have any legal right here to complain to Labor Department  or atleast threaten him ? Only downside is they made me sign a document before filing I-140 that I cannot leave till 18 months after getting GC,not sure if this document holds any value.Other than this document As far as I know all parties dont  have any Non-Disclosure/Non-Compete/Non-solicit that would stop end-client from hiring me and I can work with the middle-vendor to manage this and safe-side ,We can tell my consultancy that client has ended the current assignment without actually telling him that client has hired me.
 
2)Can I give him the notice after old employer completely pays me  and I want to know  what  the rule is ? Can I be under the payroll of 2 different employers during a brief “overlapping period”  until I get paid out by my old employer ?. The important distinction to note here is I would n’t be technically paid by both the employers for the same period of time. The overlapping period I am talking here is not  the payroll period. 

Explaining this in detail -Suppose my start date with my new employer  is Sep 17th.Can I resign from my old employer on Nov 1st because old employer runs my payroll 1 month later meaning I would only be paid for the hours I have worked  till Sep 17th only on  Nov 1st but 2 employers will be running payroll for different time periods though.

3)Final option is asalu DO NOT TELL MY CONSULTANCY AT ALL and  I can manage prime vendor for time sheets etc .Prime vendor is very flexible.

option 2 and option 3 are almost same.

Please suggest if there are any helpful ideas ??

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