1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H1b From Two Employers

Discussion in 'Nonimmigrant Visa Validity' started by nonimmigranth1b, Oct 31, 2015.

Tags:
  1. nonimmigranth1b

    nonimmigranth1b New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    Your guidance on this will really help.

    Here is my situation.
    I am on 6th Year of H1B.

    Employer A - Old Employer
    Employer B - New Employer

    My last H1B I94 was expiring on Sept 30, 2015.
    I filed H1B extension from employer A on September 8 2015 and got RFE on Sept 15, 2015

    Meanwhile, I started H1B transfer process from Employer B and petition received by USCIS on Sept 30, 2015 and I Joined the Employer B on Oct 1 based on receipt. Got Approval on Oct 13. 2015 for 3 years effective Oct 13, 2015.

    Employer A replied to RFE on Oct 8 and got approval on Oct 20, 2015 for 3 Years effective Oct 1, 2015.

    Then Employer B filed amendment for me to join the client after approval on Oct 22, 2015 for Joining on Oct 26, 2015.

    Employer A is asking me to re join.

    Extension of status for Employer A was approved after H1B Transfer(New Employer) application from Employer B.

    Employer B Approval : Oct 13, 2015
    Employer A Approval : Oct 20, 2015

    I am working for Employer B at present.

    My status never changed. I was on H1B with Employer A and Employer B.
    Both the approval for 3 years were based on I140 Approval.

    My questions are :
    1) Does last action rule is applicable here ?
    2) Am I Authorized to work for Employer B ?
    3) Am I out of status if I am working for Employer B ?
    4) Can I join employer A again? What are the risks as Amendment has already been filed for me by Employer B?
     
    Last edited: Nov 9, 2015
  2. nonimmigranth1b

    nonimmigranth1b New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Any help and guidance on this will really help.
     
  3. iDreamer

    iDreamer Member

    Messages:
    95
    Likes Received:
    25
    Trophy Points:
    28
    I would suggest you to talk to an expert immigration attorney/counsel.

    As per my understanding you can work with either employer A or employer B. (Last action rule is not applicable, I mean petition with employer B approval does not automatically cancel the approved petition with employer A).
    Choice is yours, you can work either of them.

    If your amendment with employer B is approved you can stay with employer B at the new client location. If amendment gets tough RFE and it is eventually denied you can go back to employer A (assuming employer A does not withdraw your petition).
     
  4. nonimmigranth1b

    nonimmigranth1b New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for your reply.

    If amendment gets denied then I can report to Original location of H1B petition for Employer B, Why do I have to go back to employer A.I can still work for employer B as long as I am able to maintain the status at original location of H1B petition. I have H1B approval till next 3 years.

    Please provide your inputs.
     
  5. iDreamer

    iDreamer Member

    Messages:
    95
    Likes Received:
    25
    Trophy Points:
    28
    Yes that's what I meant to say. You have multiple options. If your amendment gets denied you can go back to original location with original job role and responsibilities. But do not worry too much about denial, if your employer provides good documentation chances of approval are high.
     
  6. nonimmigranth1b

    nonimmigranth1b New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for the reply and guidance. really appreciate it !!!.

    New Employer have shared the Client letter, Vendor letter and MSA. Only thing I could not provide was pay stub for September month from my old employer because old employer have not ran the payroll at that time.
     
  7. nonimmigranth1b

    nonimmigranth1b New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
  8. nonimmigranth1b

    nonimmigranth1b New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1

Share This Page