Is it okay or legal to have 2 payroll for same 1 or 2 weeks only ……during the H1b transfer …… because my new employer wants me to join at H1b transfer receipt date…… my old employer needs 2 weeks notice period……so 2 weeks are overlapping…… is it a concern???
By law, you are not allowed to work for more than one H1B employer at a time unless one of the employer filed concurrent H1B petition instead of change of employer petition.
You may take PTO (if you have leave balances) with the employer you are leaving during your notice period.
That said, USCIS & IRS do not normally talk to each other.
Note that ideally one should not start the new H1B job until the approval of H1B to avoid any issues with your status if in case the petition gets denied. This also means do not resign with your current employer until your H1B transfer is approved.
Thanks Kalpesh. I agree with you… My H1B approval will come in a week… Done Premium Processing…
Is it okay if it overlaps for 1 week? Will it be an issue later?
My answer is still the same, 1 week or 1 day, its still against the law. You can consult your immigration lawyer and take decision based on their advise.
I agree with @Kalpesh_Dalwadi
The law does not have any leeway here but then you may never face any issue practically. So, it all depends on you and your attorney to take the chances or not.
I am in the same situation. I joined Employer B on receipt notice while still working for Employer A. I resigned from Employer A after I got the H1B approval from Employer B. I ended up working for both employer for 7 weeks. I am not aware that I was breaking the Law at that time.
Is there any way to fix this so that it wont bite me in future H1B extensions and GC processing.
At the minimum, anyone working in a foreign country needs to know the income tax and immigration laws. No knowing is not an excuse USCIS will take if they somehow find out that you worked for more than one employer at the same time.
The only way to fix this is pray to God that USCIS do not find out about the issue Unfortunately this can’t be fixed or reversed.
Thank you for your response. Did you come across any cases where H1B extensions or GC were jeopardized for above reason
No specific case that I know of at this time, but these kind of things may come up at US embassy interviews for visa stamping as they try to check all past violations.
There is no need to be scared though. Just make sure that you keep it in mind for future and try not to repeat it.
Thank you Anil for all the work you have been doing for our community.