Overlap of payroll period for 2 employers while on H1-B Visa


ankit.modi

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Hi,

I was recently laidoff from company A. The company A has kept me on payroll for about 2 months and will provide me severance after 2 months. If I notify company A that I am employed with another company B within 2 months of layoff, then I would not get severance nor will get paid for rest of 2 months.

Now I have found employment with company B and my H1-B transfer application is approved with company B with my start date within 1 month from the date of layoff. So in effect I have about 1 month of payroll left in company A and also severance package.

So if I don't notify company A of my employment with company B, I'll be on payroll for company A and company B simultaneously for a month and also will receive a severance after 2 months of layoff. If I do this will I be violating any terms of my H1-B employment or Visa Status ? Will this affect my Green Card application with company B in future, specifically noting the fact that my employment experience letters will have overlapping dates between company A and company B ?

Both the companies A and B are direct employers and I am employed directly at the companies premises and both companies are employing me full-time.

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If you have signed any contract that you will let A know when you will be employed within 2 months of lay off, you ‘HAVE TO’ let them know, so that they can stop your severance. If you have not signed anything, you are good to go, no problem in earning from various H1b employers. In this case, you even don’t need to notify A about your new employment. You must have got some documents while lay off, read them carefully.

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