Join Employer B while on Leave with Employer A

[khandoba1986]

 Hi I have a very weird situation. I am working with employer A, I have got a really nice offer from employer B, Employer B is filling the transfer in premium, however Employer B is asking me to join on receipt (before approval). I don't want to risk my job. Can I take 3 weeks leave from Employer A and join Employer B, if H1 gets approved in 3 weeks I will send my resignation to Employer A (can be done online), if H1 don't get approved in 3 weeks I will come back and join Employer A ( just like I am back from vacation).

 

I know its a very weird situation but I don't want to take any risk with my job, please suggest.

[jairichi]

Yes, it is fine.

[wiweq]

Yes you can do it but this 3 weeks vacation should be paid vacation.

[khandoba1986]

does this any where create a scenario of dual employment during H1 ?

[jairichi]

Yes you can do it but this 3 weeks vacation should be paid vacation.

Good point. I missed the part of being paid during vacation.

[khandoba1986]

Paid during vacation. 

 

employer A- Current company 

Employer B - planning to join this while taking leave from employer A 

 

If i get paid during that vacation from my current employer A and also i would be paid by my new employer B, so basically there are two payroll running on my name, wont that be an issue, for now or at the end of year during w2. (Dual employment on H1)

 

if i am not paid during that vacation by my current employer A but will be paid by the new employer B, and if i have to go back to the old employer A (joining back due to visa denial) then will i be considered out of status because there is a period where i was not paid by the current company A but was paid by employer B whose H1 transfer got denied.

 

Really appreciate your time on this. 

[jairichi]

Paid during vacation. 

 

employer A- Current company 

Employer B - planning to join this while taking leave from employer A 

 

If i get paid during that vacation from my current employer A and also i would be paid by my new employer B, so basically there are two payroll running on my name, wont that be an issue, for now or at the end of year during w2. (Dual employment on H1)

 

if i am not paid during that vacation by my current employer A but will be paid by the new employer B, and if i have to go back to the old employer A (joining back due to visa denial) then will i be considered out of status because there is a period where i was not paid by the current company A but was paid by employer B whose H1 transfer got denied.

 

Really appreciate your time on this. 

To avoid this issue inform employer B that you will join only after approval. What will you do if a RFE is raised on B's petition? Will you stay longer with B till it gets resolved?