A foreign worker in the U.S. found themselves in a tricky situation after unknowingly holding two full-time jobs for three weeks while transitioning from STEM OPT to H1B. The confusion stemmed from one employer sponsoring the H1B, while the other employer, unaware of the change, continued to pay the worker. This has raised concerns about possible visa violations and future immigration issues.
The worker had been performing both jobs remotely under STEM OPT, with both positions listed on the I-20 and SEVP. On October 1, 2024, the H1B became effective, making employment with the sponsoring company the only legal option. However, the second employer kept issuing paychecks until October 23, even after the worker had resigned.
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The worker had intended to transfer the H1B to the second employer, which offered a more attractive salary, but they declined to sponsor the petition. By the time the resignation was finalized, the worker had technically been employed by both companies for three weeks. The problem is that STEM OPT automatically ends when an H1B begins, which means the second job might now be viewed as unauthorized work.
Now, the concern is whether this oversight will result in penalties or complications when transferring the H1B or obtaining a visa stamp abroad. Since the second employer was unaware of the change, the worker did not intend to breach immigration rules. However, with strict regulations surrounding employment authorization, even an unintentional overlap could lead to issues.
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There are ways to navigate this situation. Consulting an immigration attorney is the best approach to evaluate the risks and determine the most appropriate steps to take. Given that the second employer was not informed of the visa status change, this could serve as a mitigating factor in any future inquiries.
While this scenario may not always result in penalties, maintaining transparency is crucial. Keeping accurate records, ensuring that resignations coincide with visa transactions, and informing employers about status changes can help prevent unintended violations. For those managing H1B transitions, being proactive can help avert complications before they occur.
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