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Old employer wants me to work part time for 3 weeks without filing concurrent H1B

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Hi everyone,

I am on my 3rd year of H1B.

I have an odd situation. I recently resigned from my old company A to join the new company B (both good companies, direct products, 2k+ employees). After I resigned, my manager in old company A said that he would like me to work a little longer on a part time basis while I work full time with the new company B. I told him and A's HR that I think you need to file a new LCA and amendment to my H1B petition to let me work concurrently and part time (since this is what I found googling and from this forum too). But A's HR said that I am allowed to work 3 weeks part time with them without any issues, but if it needs to be extended further, then they would need to file an amendment.

The deal we finally agreed upon is: I work full time 1 week with both companies A and B concurrently and another 3 weeks part time with A and full time with B (B has no indication that I will still be working with A during these 4 weeks). They are non-competing companies, so from that angle its alright.

It feels fishy to me. But its surprising that A would do anything fishy since they are a good techie company overall and hires alot of H1Bs. Is there any legality to their argument that 3 weeks part time is OK without any H1B amendment?

Also, will this affect my green card process in any way? I got my I-140 approved from A and plan to port the priority date at the filing in B.

Thanks a lot for answering!


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