Work at two companies on H1B while waiting to transfer from one to the other after receiving USCIS receipt number

Asked about 1 year ago - Bellevue, WA

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?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . 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... more
  2. Wendy Rebecca Barlow

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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, (... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  4. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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 -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more

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