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  #1 (permalink)  
Old 04-03-2008, 03:41 PM
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flexi is on a distinguished road
Cool H1B transfer/multiple jobs and lots of other questions

Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

Thanks a lot!
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  #2 (permalink)  
Old 04-03-2008, 04:03 PM
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Post my 2 cents

Answer to question 1 :- You cannot work for two employers and take pay checks from both of them at the same time.(being in H1B)

Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
3. I would wait till the H1B receipt. I don't know this answer.

Thanks





Quote:
Originally Posted by flexi View Post
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

Thanks a lot!
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  #3 (permalink)  
Old 04-03-2008, 04:35 PM
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See below for answers:

Quote:
Originally Posted by flexi View Post
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

- Can you work for 2 employers at the same time while making the switch?

-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.

- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?

-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.

- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated Relax!
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  #4 (permalink)  
Old 04-04-2008, 02:55 PM
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Default Thanks a lot

... for your help! Now, what do you guys think about getting paid until the end of June by the 1st employer (but at the same time starting to work inofficially i.e. observing only for the 2nd employer) and then going back to work for a couple of weeks for the 1st employer but staring to get paid by the 2nd so that it's fair for both? Would that be legal? If not, there really isn't a good way to deal with this since the new H1Bs are valid not before Oct (if i'd apply for 2 H1Bs), right? I obviously don't want to jeopardize my visa to make my old employer happy so don't want to do anything that's not completely OK in that regard....
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back
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  #5 (permalink)  
Old 04-04-2008, 04:13 PM
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Flexi,
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.

regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.


In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
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  #6 (permalink)  
Old 04-08-2008, 10:27 PM
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Default Last question

Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!
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  #7 (permalink)  
Old 04-08-2008, 11:25 PM
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Post my exp

I got my H receipt within a week i.e. last week. I would recommend you to start working with the new employer for 2 weeks and gather two pay checks and then go for a vacation.

Quote:
Originally Posted by flexi View Post
Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!
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  #8 (permalink)  
Old 04-08-2008, 11:39 PM
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Quote:
Originally Posted by zCool View Post
- Can you work for 2 employers at the same time while making the switch?

-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
He can by using so-called concurrent H-1B's. There is an option in I-129 (Q. 2.d) to indicate that the new H-1B is concurrent.
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  #9 (permalink)  
Old 04-10-2008, 11:47 AM
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Thanks, Raysaikat, I hired a lawyer and that's what they are referring to (see below - I guess i'm just posting this for other since you obviously know this).

From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.

I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????
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  #10 (permalink)  
Old 04-10-2008, 12:16 PM
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Angry H1B related queries-->Can Anybody answer?

Gurus:
I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.

Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.

Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
Question2: Do I need to update USCIS with new passport#, if Yes..how?

Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.

Any suggestions/advice..please share it if any one had similar experience..

Thanks
__________________

PD: Sept 2004 (EB2)
I-140/I-485 Pending (RD July 25th,2007)
EAD Pending for self, Approved for spouse
AP: approved for both
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