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So with good come some bad/difficulties...
Currently with Employer A, and NON-capped, non-profit, business.
Recently offered a position with Employer B, a cap-subjected employer. Employer B is filing petition for concurrent employment under H-1B portability (the primary _cap exempt_ position status permits the porting of the H-1B, for concurrent employment, to a _capped_ employer, even when that second position is otherwise subject to the cap).
Along comes Employer C, also a cap-subjected employer, and offers a more competitive position a few days after B files (which was done without premium processing, since the 240 day window allowed for porting will likely be met). Employer C will likely offer premium processing as well - meaning Employer B will still be waiting for final approval but Employer C will likely have received approval or not.
I know I can begin work at Employer B with receipt acknowledgement by USCIS of their petition to them, while remaining employed at Employer A. So that is my "concurrent" port scenario.
Question 1 - Can I have multiple, concurrent ports (NOT petitions, I know I can have multiple petitions) structured as coming from one cap exempt, position, and working to port to two capped, full time employment offers, where I will choose one of those. What I'm concerned about is appearing like I have THREE full time positions while planning on giving up on one of them. Is this a problem?
Question 2 - let's say Employer C DOESNT do premium processing but B is ready to employ. if I begin to work at Employer B, but then Employer C petition comes through as approved is my port still considered
- ported from a cap exempt to a capped employer (from A --> C), or
- ported from a capped position to a capped (B --> C), because I elected to work at B for sometime waiting for C - and before B's approval came through?
Question 3 - How long must one maintain concurrent work status (say it's just too much and I want to give up Employer A.) Would giving up on Emp. A, the initial cap exempt employer, cause any jeopardy for my new employment status with a capped, employer. I've read this happens - people port then quit their previous, cap exempt jobs, and that USCIS isn't fond of this. However, only "punishes" folks by not permitting them to file for H-1 status again. So how much "overlap" of concurrency of employment is expected? Days? Weeks? Months?
Thanks everyone!
Currently with Employer A, and NON-capped, non-profit, business.
Recently offered a position with Employer B, a cap-subjected employer. Employer B is filing petition for concurrent employment under H-1B portability (the primary _cap exempt_ position status permits the porting of the H-1B, for concurrent employment, to a _capped_ employer, even when that second position is otherwise subject to the cap).
Along comes Employer C, also a cap-subjected employer, and offers a more competitive position a few days after B files (which was done without premium processing, since the 240 day window allowed for porting will likely be met). Employer C will likely offer premium processing as well - meaning Employer B will still be waiting for final approval but Employer C will likely have received approval or not.
I know I can begin work at Employer B with receipt acknowledgement by USCIS of their petition to them, while remaining employed at Employer A. So that is my "concurrent" port scenario.
Question 1 - Can I have multiple, concurrent ports (NOT petitions, I know I can have multiple petitions) structured as coming from one cap exempt, position, and working to port to two capped, full time employment offers, where I will choose one of those. What I'm concerned about is appearing like I have THREE full time positions while planning on giving up on one of them. Is this a problem?
Question 2 - let's say Employer C DOESNT do premium processing but B is ready to employ. if I begin to work at Employer B, but then Employer C petition comes through as approved is my port still considered
- ported from a cap exempt to a capped employer (from A --> C), or
- ported from a capped position to a capped (B --> C), because I elected to work at B for sometime waiting for C - and before B's approval came through?
Question 3 - How long must one maintain concurrent work status (say it's just too much and I want to give up Employer A.) Would giving up on Emp. A, the initial cap exempt employer, cause any jeopardy for my new employment status with a capped, employer. I've read this happens - people port then quit their previous, cap exempt jobs, and that USCIS isn't fond of this. However, only "punishes" folks by not permitting them to file for H-1 status again. So how much "overlap" of concurrency of employment is expected? Days? Weeks? Months?
Thanks everyone!
