H1b Transfer initiate and get pay stubs from both employers


placeholder23456

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Hi,

I have a H1b Transfer initiated from a new employer. Received a receipt number and I believe I can join the new employer with the receipt number which still has a risk of getting denied. The new employer is asking to join asap and I do not want to inform my current employer yet. I want to wait until the new h1 petition/h1 transfer is approved. I have unused 4-5 weeks of paid vacation remaining and I'm also planning to get premium processing done on the h1 transfer. Is it legal if I go on vacation at current employer (paid holidays so pay stubs will be generated until I quit) and accpet and start working for new employer with a h1b transfer receipt ? Any other options I have other than convincing the new employer to wait for a couple of weeks ?

Basically comes down to working for both employers after receiving h1b receipt and when h1 transfer is not yet approved. 

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1 hour ago, placeholder23456 said:

Do I have any other options ?

I want to be safe and also I don't want to lose that other job. Also I'm more concerned about legal problems. I can quit my old employer any time. or even ask for 6 weeks vacation. My problem is that I'll be getting pay stubs which will be overlapping.

Any suggestions/ideas of how I can get this done

It may not  be legal. Once you start working for new employer you cannot work for the old employer. For you to be able to work for old employer, they should file a new petition and seek work authorization for you from USCIS.  

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  • 2 weeks later...

Thank you for the reply. Assuming the worst cases, I leave my current employer and start working for new employer after I get the receipt and that petition gets denied. (I'm assuming worst case scenario)

Can I get the same new employer to file for h1 transfer again since I'm in grace period and since I still have 60+ days on my i-94 (I understand the grace period is 60 days) ? I understand I need to stop working immediately after I get the notice of denial. Also assuming the previous employer has withdrawn my H1. What are my options?

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