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  #1 (permalink)  
Old 02-21-2016, 05:30 PM
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Default A confused Mind - Is it possible to keep your job in India and have a H1 Visa

Hi,
I am on F1 visa studying my masters in Information management(STEM Program). I will graduate in Jun 2016 and start working on OPT, i hope to find an employer who will sponsor H1 by 2017 April. In the mean time my husband works in India at a very popular IT multinational in Databases (as Senior Manager).
He would like to move here and we have someone who can apply for H1 this year in 2016. However he is very apprehensive about leaving his company.

Assuming the H1 comes through this year, I was wondering if it is legal for him to apply leave for 2 months in India at current company. Then come here and work at new employer who has done the H1 and then decide if he wants to go back and resign in India ?
He is worried that if he does not like the job here , he will miss his previous job, as he is very happy working there.
We explored options of his current company making a transfer to USA and his boss told that is not a possibility...

Please advice how to come here work for few weeks before quitting your company in India. The overlap of being employed at 2 places simultaneously, might not be more than 2 months. Will this cause any legal issues ?

Thanks a lot,
A confused mind
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  #2 (permalink)  
Old 02-22-2016, 08:54 AM
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WillIWin? has a spectacular aura about WillIWin? has a spectacular aura about WillIWin? has a spectacular aura about
Default

Quote:
Originally Posted by Dsr123 View Post
Hi,
I am on F1 visa studying my masters in Information management(STEM Program). I will graduate in Jun 2016 and start working on OPT, i hope to find an employer who will sponsor H1 by 2017 April. In the mean time my husband works in India at a very popular IT multinational in Databases (as Senior Manager).
He would like to move here and we have someone who can apply for H1 this year in 2016. However he is very apprehensive about leaving his company.

Assuming the H1 comes through this year, I was wondering if it is legal for him to apply leave for 2 months in India at current company. Then come here and work at new employer who has done the H1 and then decide if he wants to go back and resign in India ?
He is worried that if he does not like the job here , he will miss his previous job, as he is very happy working there.
We explored options of his current company making a transfer to USA and his boss told that is not a possibility...

Please advice how to come here work for few weeks before quitting your company in India. The overlap of being employed at 2 places simultaneously, might not be more than 2 months. Will this cause any legal issues ?

Thanks a lot,
A confused mind

So your confusion is more about rules/laws in India - right?

-Assuming that your husband lands a H1B AND a job, then whether he has another job in INDIA is moot. The H1 permits the beneficiary to work in the US [for that job/duties and for that company..]
-What the Indian Company will allow/do is anyones guess, but should not cause any legal issues
-On a personal note, it is not easy to have a marital relationship spread over two continent just my 2 cents!
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  #3 (permalink)  
Old 02-22-2016, 10:07 AM
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Default

Quote:
Originally Posted by Dsr123 View Post
Hi,
I am on F1 visa studying my masters in Information management(STEM Program). I will graduate in Jun 2016 and start working on OPT, i hope to find an employer who will sponsor H1 by 2017 April. In the mean time my husband works in India at a very popular IT multinational in Databases (as Senior Manager).
He would like to move here and we have someone who can apply for H1 this year in 2016. However he is very apprehensive about leaving his company.

Assuming the H1 comes through this year, I was wondering if it is legal for him to apply leave for 2 months in India at current company. Then come here and work at new employer who has done the H1 and then decide if he wants to go back and resign in India ?
He is worried that if he does not like the job here , he will miss his previous job, as he is very happy working there.
We explored options of his current company making a transfer to USA and his boss told that is not a possibility...

Please advice how to come here work for few weeks before quitting your company in India. The overlap of being employed at 2 places simultaneously, might not be more than 2 months. Will this cause any legal issues ?

Thanks a lot,
A confused mind
"if it is legal for him to apply leave for 2 months in India at current company" - I don't think why not? Surely, he would have to take permission from his reporting managers etc. Also, he can ask about remote work possibility, since you have a valid reason to stay together.

Being said all this, going through "Someone" to come to US, is not at all a good idea. I would suggest your husband to have some valid job offer and then apply genuine H1B. If you know what I am saying, people use staffing companies to come to US and then cry over all the abuse done to them. I hope you don't take me wrong, it is the bitter truth.
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  #4 (permalink)  
Old 02-22-2016, 11:31 AM
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Default

Quote:
Originally Posted by Dsr123 View Post
Hi,
I am on F1 visa studying my masters in Information management(STEM Program). I will graduate in Jun 2016 and start working on OPT, i hope to find an employer who will sponsor H1 by 2017 April. In the mean time my husband works in India at a very popular IT multinational in Databases (as Senior Manager).
He would like to move here and we have someone who can apply for H1 this year in 2016. However he is very apprehensive about leaving his company.

Assuming the H1 comes through this year, I was wondering if it is legal for him to apply leave for 2 months in India at current company. Then come here and work at new employer who has done the H1 and then decide if he wants to go back and resign in India ?
He is worried that if he does not like the job here , he will miss his previous job, as he is very happy working there.
We explored options of his current company making a transfer to USA and his boss told that is not a possibility...

Please advice how to come here work for few weeks before quitting your company in India. The overlap of being employed at 2 places simultaneously, might not be more than 2 months. Will this cause any legal issues ?

Thanks a lot,
A confused mind
Dont see anything wrong in that. At the same time just use the "Silence is golden rule". It is more of a thing where his current Indian company can terminate him from the rolls if they think he is pursuing another job.
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