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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 11-05-2010, 03:03 PM
Robert Kumar Robert Kumar is offline
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Default Can somebody work on 2 H1Bs

Hi,
Can somebody work on 2 H1Bs at one time.
Company A is not willing to pay due to business loss.
Company B is willing to offer full time H1B employment only if transfer, and not on contract.
So if an employee moves from company A to company B in good terms, what happens to A's H1 Visa. Can the employee go back to A in future if needed after working for B for sometime. A is holding the greencard and ofcourse 485 is pending.
Just in case the employee wants to be in A's payroll also, but not get paid. How does that work.
What is the legal way in which A's H1 is not cancelled, and one can work with B, and then go back to A after sometime on same old A's H1.

Thank You,
Bobby.
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  #2  
Old 11-05-2010, 04:01 PM
mattresscoil mattresscoil is offline
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Default

Quote:
Originally Posted by Robert Kumar View Post
Hi,
Can somebody work on 2 H1Bs at one time.
Company A is not willing to pay due to business loss.
Company B is willing to offer full time H1B employment only if transfer, and not on contract.
So if an employee moves from company A to company B in good terms, what happens to A's H1 Visa. Can the employee go back to A in future if needed after working for B for sometime. A is holding the greencard and ofcourse 485 is pending.
Just in case the employee wants to be in A's payroll also, but not get paid. How does that work.
What is the legal way in which A's H1 is not cancelled, and one can work with B, and then go back to A after sometime on same old A's H1.

Thank You,
Bobby.
Robert_Kumar:

One can have any number of H1B's but at any given time only one employer can employ you.
You have an approved H1B with company A
You have an approved H1B with company B

You can move over to B and then if you are not satisfied, you can move back to A. but remember you can move back to A only if (H1B with A is not expired and H1B with A is not withdrawn)

If A agrees to keep your H1B and you are on a payroll with some other company B/C/D, they are not obligated to withdraw the H1B.

GC is future employment - it does not mean that you should be working for them in the meanwhile. After you get your GC you are required/better off working for company A for atleast 6 mos.

Remember this is my understanding - Talk to an attorney if you need solid legal advice.
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  #3  
Old 11-05-2010, 06:13 PM
GC_1000Watt GC_1000Watt is offline
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Talking

Quote:
Originally Posted by Robert Kumar View Post
Hi,
Can somebody work on 2 H1Bs at one time.
Company A is not willing to pay due to business loss.
Company B is willing to offer full time H1B employment only if transfer, and not on contract.
So if an employee moves from company A to company B in good terms, what happens to A's H1 Visa. Can the employee go back to A in future if needed after working for B for sometime. A is holding the greencard and ofcourse 485 is pending.
Just in case the employee wants to be in A's payroll also, but not get paid. How does that work.
What is the legal way in which A's H1 is not cancelled, and one can work with B, and then go back to A after sometime on same old A's H1.

Thank You,
Bobby.
People find it difficult to hold onto 1 H1b visa, and you are talking about 2 of them.
On serious note, I would suggest you to consult a lawyer about this.

good luck!
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  #4  
Old 11-05-2010, 08:34 PM
memyselfandus memyselfandus is offline
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Smile you can use both h1b at time

As far as I know, I knew one relative who worked on two H1b. He worked the first job on a part time and the second one was full time. He was doing about 8 years back.

I think the rule should be still valid. You should always clarify with a attorney.
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  #5  
Old 11-05-2010, 11:17 PM
reddy_h reddy_h is offline
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Default

I think you can hold as many H-1s as you want, there is no limit, but you need to be working full time for atleast 1 company. And note that the minumum salary quoted on all LCAs must be honored. So you may have to file an amendment at Company A if they are paying less.
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  #6  
Old 11-06-2010, 09:54 AM
Robert Kumar Robert Kumar is offline
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Originally Posted by reddy_h View Post
I think you can hold as many H-1s as you want, there is no limit, but you need to be working full time for atleast 1 company. And note that the minumum salary quoted on all LCAs must be honored. So you may have to file an amendment at Company A if they are paying less.
All,

Thank you for your valuable suggestions.

So it looks like two H1B can exist "live" at one time. If I work full time with company B, then the lawyer must amed the 1st H1B for lower pay.
So what is the lowest company A can pay me (I think it is the prevailing wage hourly rate or annual rate). If my position has lowest prevailing wage, ex: $30 per hour, then what is the best option so that he can pay me the least ( even no pay is good, as long as my H1 status is preserved with them as I plan to go back to them in future).
Thank You,
Bobby.
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  #7  
Old 04-03-2011, 07:21 PM
Mayday Mayday is offline
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Originally Posted by mattresscoil View Post
One can have any number of H1B's but at any given time only one employer can employ you.
...
You can move over to B and then if you are not satisfied, you can move back to A. but remember you can move back to A only if (H1B with A is not expired and H1B with A is not withdrawn)
As of I learned, a person can have multiple H-1 jobs and H-1 visas and work on them concurrently. But at every job they must be working specified amount of time and be paid accordingly.

So employer can have job A for 20 hours per week and job B for 30 hours per week, and legally receive according salaries from both employers. But not with H-1B transfer, but with concurrent filings.

The other my concern is if an employee may come back AFTER working for employer B. As far as I know he can stay (continue working) with employer A even if H-1 transfer is approved, but I am not sure about him being allowed to come back after working for employer B without additional transfer application. Actually I have already found a position, that since employee WORKED for company B he has completed the transfer and now moving to any other job requires another transfer application and 2 paystubs.
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I am not a lawyer. All advises are given based on personal studies and experience and supposed to give you a hint or a new point of view on your situation. Always double-check any advises and consult a lawyer if in doubt. Remember that even lawyers are not equally competent. Beware of green forum ogres - they are petty and vindictive.

Last edited by Mayday; 04-03-2011 at 07:26 PM.
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  #8  
Old 04-03-2011, 09:56 PM
Mayday Mayday is offline
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Originally Posted by Mayday View Post
The other my concern is if an employee may come back AFTER working for employer B.
another transfer application will be required since you have worked for the employer B.

btw, some people say you will also need 2 pay stubs from employer B to transfer next time, however it may be enough to have 1 stub from B and 1 stub from A to show you maintained H-1 in the past, but I am not sure about it.

applying for another H-1 for the period you work for B is not neccessary for A, unless he wants you to work on some project during that time. But for you to return he will have to amend both LCA and I-129 again. So there is no advantage unless A wants you to be envolved in projects part time.

this article - http://www.murthy.com/news/n_pth1re.html - discusses part-time H-1B questions. It also highlights possibility for part-time H-1B to have range of hours, such as 10-30 hours per week, and the rate must be per hour. The employer then must pay somewhat in between (i.e. falling into the range). They also state part-time H-1B is enough to stay in the USA.

actually, there is a benefit for your employer A to keep you on part time if he plans to employ you later on full time, as this http://www.immigration-visa-lawyer-b...rt-time-h.html article say that changing hours (even from part-time to fulltime and vice-versa) is amended petition so the fee is only $320. while transfer application fees are the same as new application.

so you can actually go part-time with employer A and have employer B to file concurrent full-time H-1B which will be the same cost for him.
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I am not a lawyer. All advises are given based on personal studies and experience and supposed to give you a hint or a new point of view on your situation. Always double-check any advises and consult a lawyer if in doubt. Remember that even lawyers are not equally competent. Beware of green forum ogres - they are petty and vindictive.

Last edited by Mayday; 04-03-2011 at 10:12 PM.
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  #9  
Old 04-04-2011, 09:08 AM
HRPRO HRPRO is offline
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Default

Quote:
Originally Posted by Robert Kumar View Post
Hi,
Can somebody work on 2 H1Bs at one time.
Company A is not willing to pay due to business loss.
Company B is willing to offer full time H1B employment only if transfer, and not on contract.
So if an employee moves from company A to company B in good terms, what happens to A's H1 Visa. Can the employee go back to A in future if needed after working for B for sometime. A is holding the greencard and ofcourse 485 is pending.
Just in case the employee wants to be in A's payroll also, but not get paid. How does that work.
What is the legal way in which A's H1 is not cancelled, and one can work with B, and then go back to A after sometime on same old A's H1.

Thank You,
Bobby.
Bobby,

The moment you stop gettting a paystub you are out of status and the H-1 is not valid. When you transfer to company B and are on their payroll and company A stops paying you that is not concurrent employment but if company A continues to pay you then it is. You can be on the payroll of 2 different entities as long as they pay you by the terms approved on the LCA.
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  #10  
Old 04-04-2011, 10:48 AM
HRPRO HRPRO is offline
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Quote:
Originally Posted by Robert Kumar View Post
All,

Thank you for your valuable suggestions.

So it looks like two H1B can exist "live" at one time. If I work full time with company B, then the lawyer must amed the 1st H1B for lower pay.
So what is the lowest company A can pay me (I think it is the prevailing wage hourly rate or annual rate). If my position has lowest prevailing wage, ex: $30 per hour, then what is the best option so that he can pay me the least ( even no pay is good, as long as my H1 status is preserved with them as I plan to go back to them in future).
Thank You,
Bobby.
I would recommend atleast 10hrs a week

Last edited by HRPRO; 04-04-2011 at 11:07 AM.
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  #11  
Old 04-04-2011, 11:05 AM
eb3_nepa eb3_nepa is offline
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Default Yes.

Yes absolutely. NO restrictions on that. You can do 20 hours (half day) or 40 hours.
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Old 04-04-2011, 05:25 PM
vishwak vishwak is offline
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Originally Posted by eb3_nepa View Post
Yes absolutely. NO restrictions on that. You can do 20 hours (half day) or 40 hours.
How can you work on 2 H1B's at a time. You cann't be on 2 company payrolls at same time.

But you can work for Company A from Jan to April and then work for Company B May-Aug and later move to Company A from Sep. as long as you have valid H1b's from both companies.

But you can't work parttime 20 hours a week for both companies.

Please contact nice IMM Attroney and get real information.
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  #13  
Old 04-04-2011, 05:35 PM
bugsbunny bugsbunny is offline
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you can work on any number of H1Bs at the same time
This has been clarified by several attorneys
There are no restrictions
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  #14  
Old 04-04-2011, 05:38 PM
Mayday Mayday is offline
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How can you work on 2 H1B's at a time. You cann't be on 2 company payrolls at same time.
You can. It is called "part-time concurrent H-1B". Google for it.
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Old 04-05-2011, 11:46 AM
vishwak vishwak is offline
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Originally Posted by Mayday View Post
You can. It is called "part-time concurrent H-1B". Google for it.
Thanks for information.

So they need to get Part-time H1B approval, not full time right, correct me if i'm wrong.
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