What to do about overlapping payroll during H1 transfer?

UPDATED: Jan 9, 2012

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What to do about overlapping payroll during H1 transfer?

I am with Company A who sponsored my H1B. I got a new offer in Company B and they want me start on the first of next month. Also, I committed to join on that date. Since my old employer wants me to stay there at least until the 15th, I would need to work for 2 companies for 2 weeks. Is that okay if I get overlapping pay roll on these 2 weeks? Will this be an issue when I apply for my green card? (I-140, I-485, EAD, etc).

Asked on January 9, 2012 under Immigration Law, Illinois


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There should not be any issues with that.  Since you are currently in valid H-1B status, you are authorized to be paid for your work with that company.  Once the new company's petition on your behalf is approved, you are also able to receive money for work done for that company.

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