Normally, US employers will not run US payroll for an extended period. Talk to your employer to see if they can pay you outside the US instead of firing you.

You can also contact a consulting company and get payment in India while they collect your salary from the US employer for consulting services. This is the legal way.

For example, most IT consulting companies like TCS or Infosys would start your Indian payroll as soon as you exit the USA.

Maintain Canada PR, Get US Salary on H1B?

If you want to stay in Canada to maintain your PR and still want to keep working for your US H1B employer and draw a US salary in a US bank account, then it is not legally possible with US immigration law.

Your US H1B employer needs to show you as an employee and have a physical presence in the US.

You can work remotely but as soon as you enter Canada, you lose your H1B status. Your visa status in the US is defined by your i94.

In this case, your US employer can still hire you but will have to find a way to pay for your services without using your H1B. Usually, it can be done by showing you as a remote consultant. An employer can then show the salary payments to you as their business expense.

You can also keep visiting the USA using your H1B visa but then it may be hectic. Many people enter the USA from Detroit on H1B daily/weekly and maintain residence in Canada. This is probably the best way to get the best of both worlds.

A similar situation may arise for people who are thinking of going to Australia and still maintaining their H1B visa. The answer remains the same.

Salary in the USA, Working in India

Working from India on the US payroll is not allowed unless you have a US work visa like H1B or L1 or you are working as a consultant (hired by some US company).

Many people who exhaust their H1B 6-year quota leave the USA and wait outside the USA for their H1B extension result. They usually work remotely if their job allows it. Example: Many IT workers can from their country.

The most important point to note here is when you leave the USA, US immigration law does not apply to you.

You have to abide by the work visa rules of the country where you are currently working from.

Example 1:

If you are an Indian citizen and have left the USA, you can work for any employer in India. It does not matter if it is a US-based employer or an Indian company.

• Legally, if you are not in the USA on a valid work permit like H1B, your company cannot show you as an employee in their accounting books and cannot pay you a salary in US dollars.
• Your US employer should pay you through a contracting company in India. Legally, your employer can hire a contracting company who can then get work done from India.

You can receive your salary through this contracting middle vendor.

Example 2:

If you have completed your H1B 6-year quota, your employer cannot show you as a legal employee.

You must leave the USA and wait for your H1B extension (if filed with pending PERM) result outside the USA.

You can work remotely and can get paid by a third-party employer who may contract with your US employer.

US Tax – Working from India?

The US taxation will come into the picture based on your stay in the USA in the relevant financial year. If you pass the substantial presence test from the IRS, then, yes, you will have to pay US tax for that year.

Example:

If you worked in the USA from 1 Jan to 31 July and then left to work from India, you will pass the substantial presence test. You should file a US Income tax return and show Indian income too from Jan to Dec.

Related: How to file US Tax on NRE Interest 1099-INT

Salary Using SSN, Working from India

I strongly recommend NOT receiving any payment on your SSN while you are working from India.

If the salary is received for the short term like 1 to 5 months, then you are fine. But, if you keep receiving a salary for more than 6 months, you will face taxation issues.

You would be considered working in the USA without any valid work authorization if you receive payment on your SSN from a US company.

This may or may not be tracked by USCIS but it is best to avoid it.

H1B Working From India on a Holiday

Working remotely from India is allowed if you are traveling to India on vacation or short business trips.

You can also receive your salary in USD while you are away on your vacation.

Usually, people will take PTO (Paid Time Off) from their H1B US employer and then travel.

Can H4 dependents stay in the US while H1B is out of the US?

Usually, there is no issue with H4 staying in the US while H1B is traveling outside the US for a short period.

This short period is not clearly defined.

Generally, I would suggest keeping this period to about 1 week to 12 weeks.

I have seen people stuck outside the US due to COVID-19 or H1B form 221g admin processing for even 8 months (when they got DS5535) and their H4 dependents kept staying in the US all this time. USCIS did not create an issue with H1B extensions in these cases if the reason for staying outside for an extended period was genuine and could be explained.

H1B on long-term Sabbatical, H4 stay in the US?

If you are thinking about taking a sabbatical from your H1B job and staying outside the US, then, keeping H4 dependents in the US is not recommended.

H4 status in the US is tightly coupled with H1B status. If H1B goes on long-term unpaid leave, the US employer will probably stop the payroll processing.

Once the H1B payroll stops and the H1B primary exits the US, the H1B status is lost. Once the H1B status is lost, the H4 status is lost automatically even if the H4 visa stamp in the passport or the H4 i797 is still valid.

Ideally, if H1B is planning to stay outside the US for an extended period, which I suggest to be 3 months+, then H4 dependents should also exit the US with H1B to be on the safe side.

H1B International Assignment/ Remote work

Working for a US company from Europe, Canada, the UK, and India does not count as your H1B time when you go for a project that spans more than 6 weeks.

Once you leave the US, H1B is out of the picture completely unless you leave for a short duration like 1 to 12 weeks.

If you plan to work outside the USA for more than 12 weeks, it is best to take your H4 and L2 dependents too with you.

FAQ

The post Can H1B work from India, Canada and get Salary in USA (H4 stay, Sabbatical, long term unpaid leave)? appeared first on AM22Tech.

H1B automatically gets up to a 60-day grace period if an H1-B employee was laid off due to circumstances outside his/her control.

During these 60 days:

• H1B and H4 dependents can stay legally in the US.
• H4 EAD can work as long as H1B can legally stay in the US.

Options to Stay in the US after 60 Days

#1 H1B transfer within 60 days

The best option in the case of an H-1B layoff is to find a new sponsor within 60 days.

If you can get severance pay, then you can add those days to your 60-day grace well.

Employment-based immigration attorney Emily Neumann had confirmed earlier that they were successfully able to file an H1B transfer even after 60 days of grace if there were severance paydays available without any issue.

#2 Apply H4, B2, F1 Change of Status

If you are not able to find a new H1B employer till the 45th day of your grace term, we strongly suggest filing any one of these using form i-539 to keep staying in the USA:

• H4 change of status application (recommended) – if your spouse has H1B.
• F1 COS – If you can enroll in any study course with the university.
  • Do not try Day 1 CPT as it can create problems in the future.
  • You will need to file F2 for dependents. For example, For H4 dependents, file an F2 dependent visa change of status application.
• B1/B2 visitor application – This should be your last option if nothing else works.
  • You should file a B1 application if your employer can support it for business purposes and a B2 application for your H4 dependents.
  • If the employer cannot support B1, then the whole family can file a B2 visitor application to stay in the US.

In our opinion, filing a change-of-status application to other visa types can help you stay in the US legally with the status ‘period of authorized stay‘ but you will have to file the H-1B COS to return to H1b work visa status.

Problems

1. Once you stop working on H1B, you are essentially ‘out of status’.
2. Your H4, F1, or B1/B2 COS pending application keeps you in legal status past the H1B 60-day grace period.
3. If you file an H1B transfer after 60 days, you should file it as a consular processing application as USCIS may not approve your H1B until COS is approved first.

#3 Go to Canada Temporarily

If you have a Canada PR, visitor visa, or work permit you can visit there for a temporary period and file an H1B transfer once you have a new sponsor.

Once the transfer petition is approved by USCIS, file an H1B visa stamp application with the US embassy, and then return to the United States.

You can explore your options to work from Canada or India remotely on H1-B.

If you already have a valid H1B visa stamp on your passport from an old employer, you can simply enter the US using:

1. Old employer Valid H1B visa stamp in the passport
2. New Employer’s Approved H1B transfer i797

L1 Job Loss

L1 is an inter-company transfer visa and cannot stay in the US if they lose their job.

You do have the option to file H1B, H4, B1/B2, or F1 change of status applications but chances are quite low for approval as there is no 60-day grace period for L1 visa workers.

• L1 to H1B COS (recommended) – You can fill it only if you have got an H1B approved through the lottery in the past.
• L1 to H4 COS – You can file H4 if your spouse is on an active H1B visa currently.
• L1 to B1/B2 – You can file a business or visitor visa while staying in the US but you will not be able to work until you have any other option or your L1 job gets restored in the future. You will need to file B1/B2 to L1 COS if you get the job back in the future. The maximum time you will be able to stay in the US with B1/B2 is 6 months.
• L1 to F1 (Good option): You can file an F1 study visa and keep staying in the US and studying. It may prove quite expensive with the university fee but you will get time to wait for economic turmoil to get over and file L1 COS again.

If you get a pre-notice from your employer for an imminent firing, your best option would be to file the change of status immediately before your last day at work.

FAQ

The post How to stay in USA after H1B Job Lay-off (Multiple Options) appeared first on AM22Tech.

USCIS’s FDNS department conducts these surprise visits for people who are deployed at client work locations.

H1B Full-time employees can also expect these visits.

USCIS H1B Site Visit in CoronaVirus

Many people have reported that they have received calls from USCIS (or at least the person says they are from USCIS) and asked to furnish H1B approval details.

This is a very serious matter as it is difficult to differentiate between fraud and genuine calls.

USCIS call over phone Experience 1

One of our guests had reported privately that a USCIS FDNS officer contacted the employer and then called the H-1b employee directly over the phone instead of visiting the office physically during Coronavirus emergency week.

USCIS fraud detection officer asked about the Job description, supervisor, salary, and work location over the phone.

The officer then asked the H1B employee to submit these documents via email directly to the officer:

• Copy of work ID card
• List of job duties performed on a daily basis.
• A copy of my college degree
• Last four pay stubs

USCIS call over phone Experience 2

Another guest shared her experience on one of our WhatsApp groups.

In her case, the interesting thing is the USCIS never contacted the employer and informed her about the site visit or the phone call directly to the employee.

Read here experience here (we have hidden information that’s personal):

She was quite vigilant and hence pushed for meeting him at the nearest USCIS office. This is the safest option to protect your own identity.

You should also meet:

• At the nearest USCIS office.
• At the H1B employer’s office (office may be closed due to COVID-19) – avoid it.
• At public places like Walmart or public parking (do it only after you have verified the officer’s email address and identity).

On Mar 17, 2020, the Law firm Berry Appleman & Leiden (BAL) confirmed to Forbes in one of the articles that USCIS will not conduct H1B site visits if the employer has closed the office.

Since then, USCIS has made multiple changes and has closed all personal contact services even for cases where the employer’s office is open.

FAQ

USCIS Officer Questions – Physical Visit

The officer normally asks you to show your employer ID card, and physical work location, and speak about your daily work assignments.

You may be asked to log in to your computer and show what software you use to perform your daily job. Your client manager may be asked questions about your work too.

#1 Questions About H1B

1. What is your present full-time employment location?
2. Name and address of end client;
3. Which other location do you visit for meetings and training?
4. What is your hire date? What day did you start working at the end client’s location?
5. What is your position title?
6. What are your duties?
7. How many hours per week do you work?
8. What is your work schedule?

#2 Work History Questions

1. Name of the company you worked for in the past.
2. What were your position (s)/ title?
3. Work location.
4. How long?

#3 Education Questions

1. What institution of higher education did you attend?
2. What was your educational major?
3. What years did you attend and when were you awarded your degree?

What Can Happen After USCIS Site Visit?

You should be very careful in answering questions about your client manager’s role in giving daily assignments, hiring and firing decisions, and performance appraisal if you are working at a client site.

Remember that a person on your H1B employer’s direct payroll should have all these powers for you and not your client manager.

Whatever you show and speak is recorded and then compared with what is written in your H1B application.

If there is a serious mismatch found between what you are doing and your approval, the officer can recommend revoking your H1B which essentially means issuing NOIR.

The post USCIS H1B Site Visit – Is Call on Phone a Scam? Real-Life Case Examples appeared first on AM22Tech.

Can H4 EAD apply Unemployment insurance?

• H4 and L2 EAD can apply for unemployment insurance from State but we recommend avoiding it if you can.
• If you do decide to apply, do not apply it beyond your current EAD card’s validity.
• H4 EAD is eligible for unemployment benefits and so is L2 EAD.

H1B employees can take an unpaid leave of absence and still stay in the US for the short term. H1B can be furloughed by the employer and is treated the same as ‘unpaid leave by employer’.

What does furlough mean? Furlough is unpaid leave in simple terms.

With Coronavirus business closures, many people are facing hardships and have asked this question repeatedly.

We know of a case where an employer sent an email to all employees to apply for federal benefits as they were sending all of them on forced unpaid leave due to Coronavirus. This does not mean that H1B is eligible for it. Do not make the mistake of applying for UDD even if your employer says so.

Note that H1B unpaid leave, bench time and lay off are all treated differently by USCIS.

H1B Status Maintenance

If your H1B payroll is not running while you continue to stay in the USA, you are considered ‘out of status‘.

Note that the H1B visa is given for special skills that are not readily found by your US employer. If they ask you to go on an ‘unpaid leave of absence’, you will not be able to maintain your legal status in the USA.

The safest option, in this case, is to leave the US until your employer is ready to start your payroll.

Unemployment Benefit – Public Charge?

The unemployment insurance is funded by payroll taxes call FUTA and is paid by your employer. Since it is insurance, you are eligible to opt for it but only if you have an unrestricted work permit in the USA.

• H1B and L1 have restricted work authorizations.
• H4 EAD & L2 EAD have unrestricted work permits.

Legally, you should be ready and available to join any US employer if you apply for UDD benefits. Whereas, your H1B visa status only allows you to stay and work for a specific employer. This simply means that you can’t apply for Unemployment benefits.

On the other hand, H4 and L2 EAD have unrestricted work authorization and can start working immediately, if a job is offered by state authority.

The second issue is that the Unemployment benefit will come back to hog you while filing your green card (i485) application. You will need to prove that you are not dependent on government help. The onus is on you to prove that you are not a public charge.

H1B Unpaid Leave Attorney Advice

Siskind Susser PC law firm says that H1B employees can request an unpaid leave as long as it is for a term (like 1 – 3 months) that’s allowed for other fellow employees too. Employers should also clearly notify this in writing to the employee and the leave policy should be posted on the company’s portal.

Reddy n Neumann immigration attorney clarified:

• Unemployment benefits: Cannot be used by legal visa workers as H1B approval is given based on continuous work assignments without any breaks for a specific Employer and location. If you claim unemployment insurance from the state, you should be ready to join any Employer which state recommends, which is not possible with H1B.
• Unpaid leave or Furlough: Employer cannot reduce the work hours or pay as it will risk paying below the prevailing wage.

Nolo law has the opinion that an employer is obligated to keep running the H1B employee’s payroll if the unpaid leave has been mandated by the employer and not requested by the worker.

Nolo law confirmed in another article that USCIS has the policy of considering H1B unpaid leave as a period of lawful status if it has been documented clearly in HR records.

Can i485 EAD Claim Unemployment Benefits?

If you have an approved i-485 EAD and are using it to work in the USA, you can claim the unemployment insurance benefits as per the COVID relief bills.

Many people filed their EB2 to EB3 downgrades recently after the EB3 dates moved ahead aggressively in USCIS visa bulletins. If you plan to use i485 EAD, you can claim the insurance since you have an open work permit.

But, a word of caution: We suggest not claiming unemployment if you plan to go back to H1B or L status soon as you do not expect your dates to get current in the final action chart soon.

FAQ

The post Can H1B, H4 EAD Get Unemployment Benefits? (Unpaid Leave, Furlough) appeared first on AM22Tech.

• H4/L2 extension pending biometric, EAD pending: Your EAD cannot be approved until the H4 extension is approved. At this time, USCIS has waived the biometrics for two years from May 2021 onwards.
• Biometric Completed/Reused/Waived, EAD pending: You should try and raise an expedite request if EAD is pending for more than 90 days. You have a good chance of approval.
• Green Card i485 EAD: Biometric is needed for i765 EAD filed with i485 AOS application. Your EAD can be approved even when i140 is pending. USCIS may send biometric for child under 14 or may decide to waive it. Recently with the influx of EB2 to EB3 downagrade i485 filing, they have waived child i765 biometrics.

Many people reported that USCIS is approving their EAD expedite request if the job is in the medical field or your employer has a healthcare-related business.

How to Raise Expedite Request?

You will need your USCIS EAD case receipt number to create an EAD expedite request.

Expedite Timeline

Once you raise your EAD-expedite request, USCIS creates a case and sends it to the USCIS service center where it is currently pending. You can see the case updates on the case status website as:

Your case will then be reviewed by the USCIS case officer and he will decide if more documentary proof is required or not.

If the officer wants more information, you will receive an email from the USCIS case officer. This email will have this text:

You should respond back with the evidence to the USCIS email address as early as possible.

Once your EAD expedite request is approved by the USCIS case officer, you will get another email with this text:

The processing time will be mentioned as 45 days but the EAD approvals are given within 10 days of this email.

Chance of Approval

1. EAD expedite chances for financial loss, job loss is just 1%.
2. EAD expedite chances for financial loss, job loss with Congressman letter rise to 20%.
3. EAD expedite chances for MEDICAL emergency + financial loss + job loss are very good at 90%.

CongressMan – Good Chance

You can find your congressman based on your address and request them to send this ‘expedite request’ to USCIS on your behalf.

You will still need the supporting documents for the expedite reason you give. Some people have successfully got their L2 and H4 EAD expedited within a day with the congressman’s help.

USCIS needs a strong reason to process your faster than other pending applications. You can use one of the following reasons:

Reasons for EAD Expedite

#1 Severe Financial Loss to Company or ​Person​

Top reasons for EAD expedite financial loss to mention in EAD expedite cover letter:

1. You will lose your job if your H4 EAD renewal is not approved before the current EAD’s expiry.
2. Your job offer will expire if new L2 EAD is not approved before a certain date.
3. You are joining a start-up company that is investing in a new project that needs immediate resources and you are one of them. The company will suffer huge losses if the project is delayed if they do not start by a certain date.
4. Mortgage payments cannot be made if you lose your job.
5. Child support cannot be paid if you do not join the new job offer that you have got. – Good reason.
6. Medical treatment costs cannot be paid if you do not continue your EAD job – This is the strongest reason out of all above.

Documents to prove a financial loss for EAD expedite

1. Letter from employer stating you have to provide EAD status to continue working.
2. Job Offer letter
3. Employment agreement
4. Medical documents of parents’ treatment and expenses (if any) – This is very important as this can make the difference between expediting request approval and denial.
5. Child support documents  

A user recently reported that their L2 EAD expedites request was approved based on the above set of documents and medical conditions.

EAD expedite request chances of Approval without any medical financial reason are very low.

#2 Humanitarian reasons

If there is an Outbreak of war in your home country, you may be given a US work permit faster than others.

This is very tough to prove but if you can, your i485 or other asylum EAD has very good chances of Approval faster.

#3 USCIS​ Interest

Department of Defense or national interest situation or DHS cases have good chances of expedited approval. The request should be made by the official U.S. government officials and show that the EAD approval delay will cause losses to the government.

#4 USCIS Error

If USCIS made a mistake in your last EAD application, your chances of EAD expedite requests are brighter with current pending work authorization requests.

With unusually high current EAD processing time and no automatic temporary EAD extension of 180 days available, this expedited request is the only option for H4 and L2 EAD workers.

Financial Loss Sample Letter

You can file EAD expedite request with USCIS for the reason that you or a dependent is extremely ill with a disease. You will be required to submit the proof of illness with the Doctor’s opinion letter.

Denial for Financial/Employment Loss

Many people have reported that they have received an expedite request denial when they raised H4 EAD through congresswoman based on financial loss due to job loss:

FAQ

Reference: USCIS

The post How to file USCIS EAD Expedite Request (Job Loss, Medical Reason) appeared first on AM22Tech.

Earlier, Form I-539 Biometric fees were USD $85 for each applicant separately. You had to pay a $370 fee per i539 form.

A, G, and NATO nonimmigrants do not need to pay Biometric fees.

USCIS will now refund the bio-metrics fees if you send it with your i539 application.

• If you send one combined check, USCIS will reject your i539 application.
• If you send separate checks for Biometric and i539, they will return the biometric fee check.

Use the USCIS Form I-539, Application to Extend/Change Nonimmigrant Status for filing extensions within the USA.

Form I-539 is used by

• H4 visa holders to extend their H4 status along with their spouse and child’s H1B extension.
• L1 dependents to file L2 visa extensions.
• B1/B2 Visa Visitors
• F-1 students and J-1 exchange visitors, for certain changes and extensions of status.

USCIS New form i539A

USCIS has also added a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status to replace Supplement A provided in previous versions of Form I-539.

Form I-539A can only be submitted with Form I-539.

I-539A Needed for Each Child-Parent Can Sign

Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A.

Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.

The post USCIS i539 form Biometric Fees (B1/B2, H4, L2 Extensions) – Not Required Starting 1 Oct 2023 appeared first on AM22Tech.

Filing B1, B2 Visa COS

What most people are doing based on their H1B employer & attorneys plan of action:

1. Stop working 1 week before your H1B max out date (end of 6th year).
2. File H1B to B1 or B2 Change of status Application using form i-539. Also, file H4 to B2 COS for your dependents. B1/B2 change of status fees.
3. Wait for i140 approval.
4. File H1B extension with ‘consular processing’ with approved i140.

The best option would be to exit the US rather than filing a B1 or B2 change of status. If you cannot travel due to COVID-19 travel restrictions, you can follow the plan listed above.

Once your i140 is approved, you will follow this plan to get back onto H1B status and start working:

B2 Approved

If your B2 Change of Status application has already been approved by USCIS, then you can file your B2 to H1B Change of Status application along with your approved i140 copy.

You will be lucky if your B2 gets approved within 3 months though.

B2 Pending

If the B2 application is pending with USCIS, the safer, faster, and recommended option is to file an H1B extension with the ‘consular processing‘ option.

Applying for an H1B extension with the option to get a visa stamp outside the US is preferred because:

• USCIS will not approve your H1B until your pending B2 COS is approved first.
• B2 approval can months without any premium processing option.

On the other hand, you can get H1B approval within 15 days using premium processing and then go out to Mexico or Canada to get the visa stamp and return to the US for work.

This is the same guidance that many lawyers including attorney Rahul Reddy from Reddy-n-Neumann PC. Listen to him in this video chat here (watch from 21:08 to 22:56):

FAQ

The post H1B Extension after i140 Approval (with B2 COS Pending after 6-yr Max Out) appeared first on AM22Tech.

Examples of Special Situations

Some of the recent cases that have been discussed on our forums:

• Return to India – H-1B petition is denied or fired by the employer – has US-born minor kid?
• H1B transfer approved with Consular processing during Coronavirus. H1B i94 has already expired and the H4 extension is pending. The employer has stopped payroll.
• Aunty came to the US on Jan 1st and she is in the USA right now. She got her I-94 until the end of March. Filing B2 extension due to coronavirus.

Attorney Advice – H1B Denied, i94 Expired

Coronavirus has created an unprecedented situation where you are not allowed to travel to a home country if they have completely blocked travel like in the case of India.

If your H1B has been denied after i94 expiry and you cannot leave the US, R N law immigration attorneys recommend that you file H1B to B2 visitor visa change of status with option Nunc Pro Tunc.

Listen from time 1:53 to 3:30.

Sample Letter – B2 Extension

As an example, I am using this situation to write this sample B2 extension letter. You can change the visa name as per your requirement.

Situation:

• Parents aged 50+ from India are on a USA visit. i94 is about to expire at the end of March or April 2020.
• You want to file a B1/B2 extension using form i539. Biometric fees and the appointment is required for b1/B2 visa extension.

We strongly suggest to get the travel ban notices from your home country like India, China etc government website and attach it to the B2 extension application.

Sample travel ban notice issued by Ministry of India.

FAQ

The post USCIS H1B, B2, F1 Extension Special Situation (COVID-19?) appeared first on AM22Tech.

This change was first made for the period between March 25 to June 30, 2020, and then later extended to Sep 30, due to the Coronavirus emergency.

DOL has now announced that it will adopt this practice permanently.

Another good news is that USCIS will start accepting premium processing for all types of i-140 applications including EB1-C managers and EB2 NIW.

The post PERM Approvals by Email Instead of Paper (DOL Changes Policy) appeared first on AM22Tech.

They are afraid of their future job loss or the possible transfer denial by USCIS. It is certainly not an easy decision.

Can H1B work for 2 employers simultaneously one on receipt and other on approved H1B petition?

You cannot work for two H1B employers at the same time unless you have a concurrent H1B approval.

• Employer B’s H1B secondary application should mention Employer A’s H1B as a primary employer.
• Employer B has to specifically mention in the H1B application that it is a ‘CONCURRENT‘ H1B.

Most H1B worker’s intention is to move to a new employer after the new petition is approved and have a cushion of job safety.

There is no simple solution to this complex problem. USCIS has not given any relief and your only option is to either delay joining the new employer until H1B transfer is approved or join by leaving the current company.

My Suggestion

My suggestion is to wait for transfer approval during the current economic turmoil. I advise preferring job stability over an increased salary.

If your current employer has no new project for you and you fear lay off, then you will be eligible for 60 days of legal stay to find a new H1B sponsor.

Choose the new company in a more stable business area like healthcare, medical insurance, e-commerce, e-education, and similar.

Many people have already been laid off in April immediately after they got the news of lottery selection. This trend will increase as long as the forced stay-at-home orders are active. A weak quarter until June end will certainly result in multiple new projects to be shelved.

Problems

Working for two H1B employers is not allowed until you have concurrent H1B approval.

Do note that your H1B is approved based on a certain number of hours per week of work.

As soon as you join a new employer, they report your employment to USCIS by filling form I-9. Do not remain under the illusion that USCIS will not get to know your new employment start date.

Your payroll will leave traces of information too as taxes are reported to IRS using your SSN.

Is it worth taking the risk?

I don’t suggest to take the risk. It is better to stay on right side of law.

It is possible that many people would have already tried this overlap of H1B jobs especially the contractors.

We have not heard of any specific problem if you do multiple jobs for a short period of 1-4 weeks.

Over and above a month could ring a bell in USCIS ears and you may or may not face issues in future H1B extensions. It’s your luck.

USCIS is not the only agency that you need to be aware of. US embassy is also very strict and may hand you over form 221g if they suspect any foul play with the Immigration laws.

The post H1B Work for 2 Employers – Transfer Receipt & Old i797? appeared first on AM22Tech.