Q: I am on H1B & changing employer new H1b approved, can there be overlapping dates of employment with both 4 notice period
I am on H1B with approved I-140 for more than a year. New employer H1b is already approved and they want me to start in 3 days, while current employer is asking for 2 weeks notice. can there be overlapping dates of employment with both during the notice period as I still have both approved H1-B visas
A:
When changing employers on an H1B visa, the situation you're describing regarding overlapping employment dates during your notice period can be tricky. Normally, with H1B visa transfers, the U.S. Citizenship and Immigration Services (USCIS) allows for the continuation of work authorization under the new employer once the petition for the new job is approved, even if you have not yet started the job officially.
Given your new H1B with your future employer is approved, you are legally permitted to start working for them based on the start date listed in the approval. However, it's also important to consider the obligations you have towards your current employer, especially if they require a notice period. This notice period is typically a professional courtesy or a part of the employment contract, rather than an immigration requirement.
To manage both obligations, you should discuss your situation with both employers. It's often possible to negotiate a start date with your new employer that respects your need to fulfill a notice period with your current employer. Transparency with both parties can help prevent any misunderstandings and maintain professional relationships. Also, consider consulting with an immigration attorney who can provide advice specific to your situation to ensure that all actions comply with H1B regulations and employment laws. This will help you transition smoothly and legally between your two H1B sponsorships.
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