H1B - GC (Urgent)

[xs2ashish]

I am working with company A and my last date with them is 9 Jan 2012...I would be using my vacations from 3rd Jan 2012 to 9th Jan 2012...I have applied for H1B transfer from Company A and would be receiving the receipt shortly...I am planning to join Company B from 03-JAN-2011..Since the Company A would have the releiving date of 9-JAN-2012 in the experience letter and I am joining the company B on 3rd Jan 2012 (difference of 1 week)...Would there be problem when I file for GC with Company B? Would USCIS ask question why did I join them 1 week earlier than the releiving date?

Please reply...

[srikant9]

Your GC process has no bearing on when you join new employer B. GC is on future job and is based upon the job requirements(qualifications etc.).

The question USCIS may ask is in the case of any new H1B filing and not on your GC. It looks like there is an overlap of work between A onto B keeping in view that you are getting pay check with pay period ending on 09Jan 2012 from company A and similarly, you are receiving pay check with start date of 03 Jan 2012 from company B. Are you getting pay checks as above?

[xs2ashish]

Yes, I would be paid twice from 03-JAN-2011 to 09-JAN-2011...Is this a problem?

[srikant9]

No. since it is paid vacation per company policy I assume. Moreover, H1B is employer specific. People have notion of saying H1B transfer. But in realty, a new H1B is filed with new employer.