H1B Transfter payroll Overlap

[danny2109]

Hi Experts,

 

I need  a urgent advise in my H1B Transfer from company A to B. Short background for me: I am working in Company A on H1-B valid till next 4 months. I got an offer 

from company B and they want me to join with 15 days notice period & They willgo for H1-B transfer on PP and wanted me to join based on reciept acknowledgement. I have question on that.

 

Q1. I wanted to be on safe side and not to resign before the approval, But company B can't wait that long. Is it possible ?

Q1a. Can i join company B before resigning to company A, and wait for Visa transfer to complete and then resign in company A ? 

Q1a.1. If yes, In that case my payroll will be run by both the employers at same time appoximate (15- 30 days). Is this illeagal ? 

(FYI: I have seen some friends who worked with 2 companies at same time & also i have read the forums which suggest you cann't run payroll with two companies as h1b is not concurrent, but you can join.)

Q1a.2.If not , Is this is any workaround like applying unpaid leaves at Company A and joining Company B or any other option ?

Q1a.3. If not, Can any company B delay my payroll and pay me later / pay as gift coupon ? 

 

Q2. If I resign company A and join company B based on the ackowledgement recipt and Incase my transfer got rejected with company B.

Q2.1. Can my company B file MTR(Motion to Reopen/Reconsider). If yes ,What's the requirement me/company B has to meet ?

Q2.2. Can I join my Company A back ? If yes ,What's the settlement i have to do before resigning?

Q2.3 Can I search Company C based on the payroll run buy company B?

Q2.4. Can I Search Company C based on the payroll run buy company A ? (Considering that company B has already run my payroll).

Q2.5. In how much time, i can join company A or search new comapny c after rejection of h1b transfer with company B.

Q2.6. In worst situation, My Wife also applied from H1-B still it is in approval phase ? If she got approval in b/w can I change my status to her dependent(H4) ?

 

I personally like to be with option 1 (Q1) as there is less risk envolved. Thanks in advance.

[pontevecchio]

You should run these complex scenarios by a Lawyer. In your position I would join B and then take it from there.