Recently my H1B transfer got denied from Company B and I just joined back my previous employer, Company A and started working for them. I was about to resign from Company B and now they want to file a fresh H1B transfer. They said I will remain as a employee with the organization but will not be paid till the transfer is completed successfully.
In the mean time I joined my previous employer on receiving the denial from Company B and now my payroll is processed by Company A.
1) Is it legal for me to work with company A and file for a H1B transfer with Company B.
P.S: I will be paid only by Company A as I work for them. But if H1B transfer is filed by Company B then I will be an employer of both Company A and Company B in records at the same time but I will paid only by one employer
It is possible to hold what is known as concurrent H1B employment but to do so both have to remain qualified H1B employers with labor approval and you must comply with both concurrently. It would be best to contact the attorneys for both employers so that there is no non compliance issues thus resulting in your H1B visa being terminated.
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