two H1's two employer

[Ron81]

Hello,
I am working with Company A(american) full time, around 8 months back i transferred my H1 to Company B(Desi donsultant) for contract job, did work few days for comp B (didn't resign Comp A) and then decided to do back to Company A, since then i am with Comp A.

Company B didnt cancel my H1, Can I now resign comp A and Start working with comp B since they still have valid H1 for me ?


Another question regarding GC, both employers filed Labor for me.. Comp B filed 2.5 months back , comp A filed 1 week back. I am puzelled with which company i should move forward... ? I have no idea how long it takes for PERM labor approval nowdays ..

please suggest ..

[Ron81]

Please help ..anyone ?

[goomail]

When you switch companies, H1 transfer must be filed and approved. On transfer receipt notice, you can start working for the new employer or you can wait until the approval to join the new company. PERM might get approved within 6 months, if no audit. If audit received, it will take more time, may be 1-2 years.

[Ron81]

Thanks, My both H1 were approved.

So, in other words, i have two H1's thru two employers, I worked with comp A, then got H1 xfer to Comp B, workd for few days with comp B and again came back to Comp A.

Now can i still leave comp A and Work with Comp B without any paperwork ?

[shervin143]

Just because you have multiple H1B approvals notices, you cannot keep working for whichever employer you want on a periodic basis. After working for company B (even if it is for few days), you cannot just like that start working for Company A again. Either a H1B transfer should have been filed or you should have left the country and returned back on employer A's petition. Did employer B generate payslips for the period you worked with them? If yes, then you are going to get a W2 for that period. If they did not generate any payslip and if employer A paid you for that duration, then you are good. Otherwise it is a problem.

Now, if you want to go back and work for employer B, then either file a transfer or leave the country and return back on employer B's petition.

[Ron81]

Guide me ... i think will be in trouble soon

Thanks, So looks like i did a big mistake.

It happened around 10 months back I was working with A and joined B for few days went back to A.

and i got w2 from both employers. there was an overlap of few days because i was paid by both employers, and i didn't know if it was wrong at that time.

Now i am with comp A and Comp B is pushing me to join them.

Both employers already filed PERM labor for me, is it going to be checked in labor or I-485 ? what should i do now ?

[shervin143]

There is nothing much you can do now. If there is a question on the overlap on employment with two H1B employers at the same time during any stage of your GC process, then you to consult a good immigration attorney before you respond back to USCIS. PERM being filed by both the employers is not an issue.

Thanks, So looks like i did a big mistake.

It happened around 10 months back I was working with A and joined B for few days went back to A.

and i got w2 from both employers. there was an overlap of few days because i was paid by both employers, and i didn't know if it was wrong at that time.

Now i am with comp A and Comp B is pushing me to join them.

Both employers already filed PERM labor for me, is it going to be checked in labor or I-485 ? what should i do now ?

[Ron81]

Thank You Sir, So what would you suggest should i stay with Comp A and say no to Comp B.
Comp B filed Perm in Jan 12, and Comp A filed in March 12.

I am little bit concerned about GC and want to do correct thing now.

Also, would it be problem if my H1 expires and i try to go on H4 ?

[shervin143]

So what would you suggest should i stay with Comp A and say no to Comp B.
>>> That is upto you. You just simply cannot join employer B without following one of the options mentioned in the previous reply.

Comp B filed Perm in Jan 12, and Comp A filed in March 12.
I am little bit concerned about GC and want to do correct thing now.
>>> There is hardly a 2 month difference. It isn't much. You decide which company is best for you.

Also, would it be problem if my H1 expires and i try to go on H4 ?
>>> No. If you accumulate out of status or illegal stay, then that will be a problem.

[Ron81]

Thanks, So for how long approved PERM is valid ?

if i get Perm approved by comp A can i use it later with other employer if i have to ..?

and if perm approved by comp B, is there any time frame when i have to join Comp B ? like do i need to join Comp B then only they can start I140 or 485 ?

please suggest.

[shervin143]

So for how long approved PERM is valid ?
>>> Not sure what you are trying to ask. Once PERM is approved, I guess you will have about 6 months to file the I-140.

if i get Perm approved by comp A can i use it later with other employer if i have to ..?
>>> No. If you move to another employer, they have to start the process right from the scratch.

and if perm approved by comp B, is there any time frame when i have to join Comp B ? like do i need to join Comp B then only they can start I140 or 485 ?
>>> No. GC if for future employment.