H1B Dual Payroll Issue


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Current Employer - Filed H1B Amendment.

New Employer - About to initiate H1B Transfer.


Current Employer has a 2 week notice period clause in the employee contract.

New Employer wants me to join before the H1B transfer is successful, i.e. as soon as transfer receipt number is received. H1B Transfer would be filed in premium.


I am not planning to give the current employer notice until H1B transfer thru new employer is successful.


The problem here is, I would start working for the new employer as soon as I get the receipt number without informing the old employer.


1) By the time I would give notice, I would have started working for the new employer, I would be on a leave/vacation of the old employer.

This would mean that for 15-20 days, I would be on the payroll of both old and new employer.


Would this cause any issue in the H1B for the future or Greencard processing or W-2 and taxation?


2) If my H1B transfer is denied, can I go and join old employer as if I was really on a vacation and did not join the new employer?


3) If my current employer decides that he wants to revoke my H1B today(8th May 2016), what would be the nearest revocation/cancellation effective date he can request?


4) If the current employer revokes H1B before the new H1B transfer is completed( but already initiated) will it be a problem?

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You are ok for getting paid from 2 employers

Looking at wht u said .

I read ur post correct . At any point of time u r not working for both the employers.

Say after receiving receipt number from employer b , u started working for employer b. u got paid by employer B. And you also got paid from employer b for the work u did in the past . It is completely ok the get paid for the work from previous employer for the work u did in the past . As u are in the process of changing employers this is an ideal situation .

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