Working with new employer without resigning old employer

[anandtharoor]

Hi I am on H1B past 10 years and due to covid I lost job and my employer told me to go for a personal leave without pay for one month and then lay off,  I got another small employer and join them with H1 Transfer normal process with a receipt . I have not yet resigned from old employer and working with new employer with receipt. I am planning to resign once H1B transfer approved. Is there any issue, I heard as long as I am not getting paid from old employer it should be okay.

[JoeF]

On H1 you can not take a fake leave. It is illegal.

[User099]

It doesn't matter if you resign or not, once the employer has stopped paying you then the job is considered lost. Your 60 day grace period will begin from the day the employer stopped paying you. 

[anandtharoor]

Thank you.

[anandtharoor]

4 hours ago, User099 said:

It doesn't matter if you resign or not, once the employer has stopped paying you then the job is considered lost. Your 60 day grace period will begin from the day the employer stopped paying you. 

I have a question even though they are not paying me, my medical nsurance will be in effective for first employer, also it is one month personal leave. Is that an issue?

[anandtharoor]

Thanks User99, I have a question about it even though they are not paying me, my medical insurance will be in effective for first employer, also it is one month personal leave. Is that an issue?

 

[gopalakrishnach]

go for a personal leave without pay for one month and then lay off -- without pay on H1B is illegal and it will bite in future when you go to visa interview.

I have not yet resigned from old employer and working with new employer with receipt. I am planning to resign once H1B transfer approved. Is there any issue, I heard as long as I am not getting paid from old employer it should be okay. --- this really seems illegal to me.

I feel old employer job you already lost so there is no concept of not resigning them and working for other.

Please clear up your case. Resign old and officially join new. Do not messup your future on such things...

Edited July 16, 2020 by gopalakrishnach

[JoeF]

9 hours ago, anandtharoor said:

Thanks User99, I have a question about it even though they are not paying me, my medical insurance will be in effective for first employer, also it is one month personal leave. Is that an issue?

 

It is NOT a "personal leave" if it is at the request of the employer. It is a fake leave which is illegal. The employer has to pay you or lay you off.