I am working with company A which holds my H1B.
Company B filed an H1B transfer without premium and I am about to join company B in a week.
Now company A wants me to retain for some more time and ready to file concurrent H1B.
The question is - As company A already holds my approved H1B, can they file a concurrent H1B while company B’s H1 transfer is pending, and is this legal?
You will need approved petition from one employer (primary) and working for that employer in H1B status for the second employer to be able to file concurrent petition. I suggest having employer A file concurrent after employer B petition is approved and you join employer B.
If you joined employer B on receipt, I doubt the concurrent petition from employer A will be approved unless the pending petition from employer B is approved first.
Make sure you are not breaking any non-disclosure agreement with employer B when you work concurrently with employer A and vice versa
Note that concurrent petition with part-time work may have a better chance of approval rather than two full time jobs.
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Thank you for your response.