shaa Posted February 12, 2013 Report Posted February 12, 2013 Hello Here is the situation I will be changing employer with H1B transfer , i485 PENDING for more than 180 days. New employer has filed H1B and Start date asked on new H1B : 1st March New empolyer wants me to join company on 15th March. If my current employer has not cancelled my H1B yet, Can I work at current employer till 14 th March eventhough H1B start date on the new H1B is 1st March? Does my current employment has to end just before the start of new H1B or the actual start date of new job? When does new H1B come into effect , on acutal start date of job or actual H1B period start date mentioned on h1b approval? I would appreciate your response.
Belle Posted February 13, 2013 Report Posted February 13, 2013 Once your H1 COS is approved, you should stop working for your old employer because, technically, working for them puts you our status. Of course, you are back in status once you start working for the new employer... so who really cares?
Belle Posted February 13, 2013 Report Posted February 13, 2013 Actually, I should add that your H1 COS will come with I-94 where on the bottom you will see the start date (presumably, 3/1 or the approval date, whichever is later). That's the date you should be working for the new employer or you are out of status Well, kind of... the fact that you start later is really no biggie, but working for the old employer would be considered unauthorized employment, which is kind of in addition to being out of status. So, all that said - don't you want to take a vacation before starting new employment? I hear, Florida is fabulous in Fabruary - and so is Colorado.
shaa Posted February 13, 2013 Author Report Posted February 13, 2013 Once your H1 COS is approved, you should stop working for your old employer because, technically, working for them puts you our status. Of course, you are back in status once you start working for the new employer... so who really cares? Belly, here is the confusion, I just heard that you can have multiple H1s approved and as long as your current employer doesnt revoke your H1, you can keep working for current employer up 60 days from the start date of new H1B but you can not work for 2 employers at the same time. H1B approved for employer B doesnt not mean you have to join there the next day (as long as empoyer A doesnt cancel your current H1B)..again you can work for current employer up to 60 days. can somebody comment , if above is true?
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