2 paystubs on one H1B

[averma]

What is the name of your state (only U.S. law)? California

What if I don't resign from my old employer...go on a long leave (paid vacation) for a month and start working for my new employer who has transferred my H1B already.
Is this possible. I will have 2 pay stub running at the same time? Once my medical benefits start with the new company (after a month), I will resign from the old company.

 

[t74]

This is unethical behavior. At many companies you will not be paid for vacation (leave) unless you return to the company for a period of time following the vacation just to prevent what you are planning to do. Check your company policies.

You may be able to continue your medical benefits through COBRA.

Most companies pay terminating employees earned vacation time.

You will likely want to have a good reference from your current employer. You should show him the respect he deserves.

 

[cbg]

Well, I wouldn't go so far as to say "most" companies pay out unused vacation time. But they do in California, and a few other states, because the law says they have to. In those states where it's not required by law, not so much.

 

[FlyingRon]

When you get paid is not the issue. When you work is. If you don't work when you're not authorized to do so (for the particular employer) there's no problem.

 

[t74]

The issue is that OP plans to remain an official employee of one employer while actually beginning employment at another. This opens a real can of worms regarding intellectual property rights of his work during this one month period; since he is an employee of both companies and typically ownership of employment area work done during an employee's off time remains with the employer, which company owns the rights to his work.

Actually, there may be the problem of needing approval for H-1B concurrent employment which would grant the permission he would require for this month. It does not appear that he plans to have second employer apply for this and then apply for normal H1B.

 

[averma]

I still didn't get it. I am technically on bench this whole time for one employer and started to work for the second employer. Technically, I am not working for the first one but yest am on their payroll and also on the payroll of the second company for which I am actually working.
Does it make sense or did I confuse y'll

 

[t74]

To be on two payrolls cimultaneously requires a concurrent H1B for one employer and a normal H1B for the other.