Concurrent H1B - Issues

Damu11

By Damu11,
in H1B : General

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Damu11 Newbie

Damu11

Posted
Posted

Hi,

 

I recently got stamped in India with Company A and returned back.

On returning back i applied for H1 Transfer to Company B and it got approved. But i didn't join them.

I am continuing with company A. Now i need to file for visa extension with Company A in few months.

Will there be any issue because the I-94 at port of Entry and that of H1 for Company B will have different validity dates? Or will there be any other issues?

 

Thanks.

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rahul412 Advanced Member

rahul412

Posted
Posted

Hi,

 

I recently got stamped in India with Company A and returned back.

On returning back i applied for H1 Transfer to Company B and it got approved. But i didn't join them.

I am continuing with company A. Now i need to file for visa extension with Company A in few months.

Will there be any issue because the I-94 at port of Entry and that of H1 for Company B will have different validity dates? Or will there be any other issues?

 

Thanks.

You are not working for 'B' so that H1 is invalid now.

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jairichi Advanced Member

jairichi

Posted
Posted

I actually signed I-9 form for company B and worked for a week while on leave with Company A. But now returned back to Company A.

will this have any impact.

Of course, yes. You applied for a COS from company A to B and after approval you worked for company B for a week and signed I-9. You are out of status if you are still working for company A. It is illegal. Wait for other senior members to give you inputs based on your situation.

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jairichi Advanced Member

jairichi

Posted
Posted

You said you didn't join 'B' so why did you work for them??

Rahul, I think OP was trying to work concurrently for employer A & B during H1B transfer. But, later due to less duration of project (3 months) with employer B he would have decided to go back to employer A. Hope my interpretation of OP's situation is correct.

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rahul412 Advanced Member

rahul412

Posted
Posted

Rahul, I think OP was trying to work concurrently for employer A & B during H1B transfer. But, later due to less duration of project (3 months) with employer B he would have decided to go back to employer A. Hope my interpretation of OP's situation is correct.

That's not possible.Person on H1 is suppose to work for his employer only.

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JoeF Advanced Member

JoeF

Posted
Posted

Rahul, isn't concurrent employment with two employers a possibility as per AC21 portability?

AC21 wouldn't apply here, I think.

There is an option in the I-129 about concurrent employment.

In this particular scenario, company A was required by law to inform USCIS that the OP didn't work for them anymore, which would result in an H1 revocation. Any knowledgeable company would do that, in particular after a lawsuit a bit back, where somebody was able to get several years of salary from a company that neglected to cancel the H1 when the person left...

Not to give people ideas, of course ;)

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jairichi Advanced Member

jairichi

Posted
Posted

AC21 wouldn't apply here, I think.

There is an option in the I-129 about concurrent employment.

In this particular scenario, company A was required by law to inform USCIS that the OP didn't work for them anymore, which would result in an H1 revocation. Any knowledgeable company would do that, in particular after a lawsuit a bit back, where somebody was able to get several years of salary from a company that neglected to cancel the H1 when the person left...

Not to give people ideas, of course ;)

JoeF, you are correct. Indeed there is an option for concurrent employment in I129.

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