H-1B selected in 2nd lottery after joing new company

[pbateman7]

I was with company A, but I was not selected in first lottery. I then joined company B in May (on F1-OPT visa). Now, company A notified me that I have been selected in second lottery. Company A is a startup and the founder knows me well so willing to do whatever it takes to help me get the needed visa.

I want to know from you if this plan makes sense: Have company A file I-129 for me, get approved, and work for a couple of weeks in Oct for company A (in parallel to working with company B), then transfer the H1B to company B. 

[Zodiac System]

Check with company A if this plan will work for him, as he is directly involved.  Good Luck.

[LeaveMessageH1B]

15 hours ago, pbateman7 said:

in parallel to working with company B)

for B you're F1 , If you get approval then from October 1 you will no longer have F1-OPT so the scenario you're thinking will not happen legally.

(for B you can work on F1 but not on H1B, and for upon approval you can work for A on H1b and not on F1 )

Also never work for 2 employers on H1b unless its partial (20hrs for each employer approved from USCIS)

[pbateman7]

Bumping this.. can anyone please answer this? Really appreciate the help.

[JoeF]

You can NOT work in parallel for company B because the H1 would only be for company A. Working for company B while you are on H1 for company A would make you illegal and would make a transfer very unlikely to be approved.

If the H1 is approved you have to quit company B on Oct. 1 to start working for company A. Period.

Edited August 25, 2021 by JoeF

[pbateman7]

On 8/24/2021 at 12:52 PM, Leavemessageh1b said:

for B you're F1 , If you get approval then from October 1 you will no longer have F1-OPT so the scenario you're thinking will not happen legally.

(for B you can work on F1 but not on H1B, and for upon approval you can work for A on H1b and not on F1 )

Also never work for 2 employers on H1b unless its partial (20hrs for each employer approved from USCIS)

What I was thinking was for company B, I can start working in CPT before I start working for company A on H1-B. Seems possible to work on two different VISA types for two companies?

[pbateman7]

On 8/24/2021 at 11:19 PM, JoeF said:

You can NOT work in parallel for company B because the H1 would only be for company A. Working for company B while you are on H1 for company A would make you illegal and would make a transfer very unlikely to be approved.

If the H1 is approved you have to quit company B on Oct. 1 to start working for company A. Period.

What I was thinking was for company B, I can start working on CPT (or maybe even go to Canada temporarily to join company B's Canadian subsidiary) before I start working for company A on H1-B on Oct 1. Seems possible to work on two different VISA types for two companies? Then after one paystub, I can initiate transfer of H1B from A to B.

[JoeF]

On 8/26/2021 at 7:33 AM, pbateman7 said:

What I was thinking was for company B, I can start working on CPT (or maybe even go to Canada temporarily to join company B's Canadian subsidiary) before I start working for company A on H1-B on Oct 1. Seems possible to work on two different VISA types for two companies? Then after one paystub, I can initiate transfer of H1B from A to B.

No, you can't work on CPT. You are on OPT, that means you already have your degree. Enrolling in another university program takes months.

The bottom line: Forget about it. Do things by the book, or you are going to have tons of problems. You always only have ONE status in the US. Period.

Really, why do you try to break the US laws if you want to have a career in the US???

The bottom line: For the H1 to be valid you will have to work on the H1 in the US for company A. That means you have to stop working for company B. Absolutely no way around that. Once you have started working for company A on the H1 in the US then and only then can company B file an H1 transfer.

Edited August 29, 2021 by JoeF