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Hi all,
I have a couple of questions regarding H1B Change of Employer petition. My status is as below.
Employer A: H1B active since Oct 2013, first H1B petition, visa stamped, multiple exit/entry of USA; Extension due Aug 2016; No out of status or loss of pay ever
Employer B: Filed H1B COE petition last week. Failed to file in premium processing. Lawyer said they will change to Premium once they get receipt from USCIS since employer B wants me to start asap.
Also, I am told I can start working at Employer B right away based on the portability law and don't really have to wait for receipt since I meet all the criteria for H1B portability law.
My questions:
1) Can I start employment with B while waiting for receipt and approval of H1B? Say I quit on a Friday from employer A and start with employer B on Monday, will the 2 days weekend (Sat & Sun) count as out of status? Will this cause any issues?
2) Can I resign from employer A and take vacation days for 1 or 2 weeks, and start employment with employer B? That is I will inform employer A that I am quitting, but take 2 weeks of vacation time (PTO) after my last day of actual work (say Friday), but then start work with employer B on Monday and continue there while on vacation from employer A. Will this cause any issue of working for 2 employers at the same time with USCIS? Is there problem if I have 2 pay slips? Will there be any issues with IRS? I couldn't find any such information on USCIS.
Please do let me know.
I have a couple of questions regarding H1B Change of Employer petition. My status is as below.
Employer A: H1B active since Oct 2013, first H1B petition, visa stamped, multiple exit/entry of USA; Extension due Aug 2016; No out of status or loss of pay ever
Employer B: Filed H1B COE petition last week. Failed to file in premium processing. Lawyer said they will change to Premium once they get receipt from USCIS since employer B wants me to start asap.
Also, I am told I can start working at Employer B right away based on the portability law and don't really have to wait for receipt since I meet all the criteria for H1B portability law.
My questions:
1) Can I start employment with B while waiting for receipt and approval of H1B? Say I quit on a Friday from employer A and start with employer B on Monday, will the 2 days weekend (Sat & Sun) count as out of status? Will this cause any issues?
2) Can I resign from employer A and take vacation days for 1 or 2 weeks, and start employment with employer B? That is I will inform employer A that I am quitting, but take 2 weeks of vacation time (PTO) after my last day of actual work (say Friday), but then start work with employer B on Monday and continue there while on vacation from employer A. Will this cause any issue of working for 2 employers at the same time with USCIS? Is there problem if I have 2 pay slips? Will there be any issues with IRS? I couldn't find any such information on USCIS.
Please do let me know.
