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mbc300

Pay overlap for a week during H1 transfer

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Hi All

I have accepted an offer from Company B a top rated bank , they filed my H1 in November, got RFE and it finally got approved last week. They asked me to join on Feb 3rd or Feb 18th, but i am set to receive huge bonus for my 2019 year from Company A on Feb 19th of 2020, i asked B if i can join after 19th but they said i cannot because they have only 2 joining dates per month, so next date will be in March 1st week, and they don't want to wait till March. So, i have asked them to match the bonus to which they said no, it became a leave it or go offer. 

I don't want to lose the bonus and at the same time don't want to lose bonus, can i take PTO in A from 17th-21st, join B on 18th, receive bonus from A on 19th and tell them on 20th that my last date is 21st. Company A will be ok with 1 day notice. So there will be pay overlap from Feb 18-21st. I know it is unethical to give 1 day notice, but i am in stuck in middle where company A cannot give bonus early and company B cannot wait for me until March.

Would the 4 day over lap in pay ( 18,19,20,21) cause any trouble for me in future during H1 renewals or GC filing etc.

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On 1/8/2020 at 2:34 PM, User099 said:

You should be fine. You can hold multiple h1's and work for multiple employers at same time. 

This is wrong information. To work for multiple employers you have to file multiple petitions through lottery. You can not work for multiple employer with one H1b.  

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18 hours ago, adshah84 said:

This is wrong information. To work for multiple employers you have to file multiple petitions through lottery. You can not work for multiple employer with one H1b.  

You need to READ the post before you comment. He has multiple H1's from A and B.

If anyone goes though the lottery once, they need not go though the lottery again for a transfer.

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On 1/17/2020 at 5:49 AM, User099 said:

You need to READ the post before you comment. He has multiple H1's from A and B.

If anyone goes though the lottery once, they need not go though the lottery again for a transfer.

When you do H1b transfer it's not a multiple H1bs. It's just a one H1b. To work for multiple employers you have to file Concurrent H1B. Which is totally different from H1b transfer. I will rest my comments here. 

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13 hours ago, adshah84 said:

When you do H1b transfer it's not a multiple H1bs. It's just a one H1b. To work for multiple employers you have to file Concurrent H1B. Which is totally different from H1b transfer. I will rest my comments here. 

You don't understand how h1 transfers work. There is nothing to transfer from one employer to other. OP ha multiple h1's during the said window.

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 I think he can work on multiple H1s. His primary H1 should be full time and others should be part time. no?

Edited by cyberlord

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Yes, i currently have 2 H1s on hand, one for the company A i am working for now and another approved H1B from B which i will be joining in last week of Feb. So there will be 3-4 pay overlap between A and B where the company A did not send notice to USICS about H1 termination. Should i be ok ?

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On 2/11/2020 at 12:42 PM, mbc300 said:

Yes, i currently have 2 H1s on hand, one for the company A i am working for now and another approved H1B from B which i will be joining in last week of Feb. So there will be 3-4 pay overlap between A and B where the company A did not send notice to USICS about H1 termination. Should i be ok ?

On second thought, it might be better to check with an attorney as the Company B's H1 petition might not have accounted for concurrent employment. 

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Thanks. I wont be actively working with A, i have some unused vacation, i will put PTO for those pay overlapped 5 days. Not sure that will help me out. My company A has this weird rule that i have to an active employee ( not even in resignation period) to receive the bonus. Bonus is around 20K , so i am in big dilemma. 

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You can certainly work for 2 employers with approved H1 petitions at the same time. As a realistic matter, 80 plus hours a week are too much for most people. In the case of the Op, there should be no issue at all.

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If you are getting 20K, you can afford an attorney by paying $200 instead of going back and forth here for 1 month. Btw, today is already Feb 18th. what did you do?

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@user099 I did call couple of lawyers but i got conflicting reports, one said i can work because H1b from A is still valid. Second opinion lawyer said i cannot work because they are not concurrent. 

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4 hours ago, mbc300 said:

@user099 I did call couple of lawyers but i got conflicting reports, one said i can work because H1b from A is still valid. Second opinion lawyer said i cannot work because they are not concurrent. 

And what makes you think that any answers you get from lay people on a forum would be better?

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On 2/19/2020 at 9:27 AM, mbc300 said:

@user099 I did call couple of lawyers but i got conflicting reports, one said i can work because H1b from A is still valid. Second opinion lawyer said i cannot work because they are not concurrent. 

Don't leave the forum without answering my question. I hate to miss the climax.

What did you do? Did you get your bonus or let it go?

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@User099 Lol, i was able to work with my manager in A and got the bonus as well as joined B on first day. There was only one day overlap, i.e. my last day of A is first day of B. Hoping that it will never cause any problems in future. 

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9 hours ago, mbc300 said:

@User099 Lol, i was able to work with my manager in A and got the bonus as well as joined B on first day. There was only one day overlap, i.e. my last day of A is first day of B. Hoping that it will never cause any problems in future. 

Nice! Glad everything worked out for you. 

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