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.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
Only if you have concurrent H-1Bs with both companies. An H-1B authorizes employment only with the company that filed the petition.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.