I'm waiting to transfer from company A to company B on H1B. I know that once a USCIS receipt number is issued, I don't have to wait until approval to legally start working for company B. Because of the current circumstances and the amount of time I had to wait for this transfer, I'm considering not giving a two-week notice at company A.
My question is, is it legal for me to be on the two's full-time payroll for a week? I know it takes up to 15 calendar days to hear a decision from USCIS, and I can wait for the first week, but if possible, I'd like to work the second week at both companies and quit at company B if approval is granted.
If I do this, what happens if I'm not approved but worked for a week at company B?
You can work at both companies concurrently while you are waiting.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You can work for both companies while awaiting a decision on the H-1B transfer. However, once the transfer is approved you may only work at Company B.
Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-8654, email@example.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.
What did Company B's immigration lawyer say when you asked him/her this question?
That is, of course, the first person you should contact when researching this issue. He/she may have to 'defend' you and the visa (which is their property, not yours).
What ever you do ... don't waste time talking to non-attorneys in HR.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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You are in a beneficial position to ask either company immigration visa attorneys any relevant question pertaining to your pending immigration case.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602