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  • Concurrent employment questions

    1. I am working fulltime with Employer A. I have a valid unstamped visa until 2014.
    2. I have applied for a new fulltime position with Employer B. The petition has already been sent with 'change of employer' request.


    Questions:
    1. Can I legally work with both employers fulltime during the time my petition has no decision from USCIS?
    2. Can my petition be changed from 'change of employer' to request 'concurrent employment'? If yes, what exactly should my attorney do? Will this require any additional fees to be sent to the USCIS?
    3. Are there any risks of any kind from the immigration (haven't started GC proceedings) or taxation perspectives? I am sure there will be no issues from the workload perspective, as I am very confident I can handle both positions.

    All replies are appreciated.
    Last edited by sacca; 05-13-2013, 10:36 PM.

  • #2
    Can someone please respond?

    Comment


    • #3
      Originally posted by sacca View Post
      1. I am working fulltime with Employer A. I have a valid unstamped visa until 2014.
      2. I have applied for a new fulltime position with Employer B. The petition has already been sent with 'change of employer' request.


      Questions:
      1. Can I legally work with both employers fulltime during the time my petition has no decision from USCIS? -- No. You can work for any one.
      2. Can my petition be changed from 'change of employer' to request 'concurrent employment'? If yes, what exactly should my attorney do? Will this require any additional fees to be sent to the USCIS? -- They will need to amend the petition.
      3. Are there any risks of any kind from the immigration (haven't started GC proceedings) or taxation perspectives? I am sure there will be no issues from the workload perspective, as I am very confident I can handle both positions. --No problem, if concurrent employer is applied for and approved.

      All replies are appreciated.
      See above.
      This is my opinion and not legal advice.

      Comment


      • #4
        Thanks kabkaba.

        Are you sure that for the time that I don't have a decision on my 'concurrent' petition, I can only work for one of the employers? Check the link [http://www.northwestern.edu/internat...aff/h-1b.html] and scroll down to the section with the title 'H-1B Concurrent' where it says:

        USCIS Receipt Notice needed before individual can start work. If your intended employment start-date approaches and you do not have an Approval Notice, portability provisions allow you to continue at NU based on the Receipt Notice.

        Thanks again!

        Comment


        • #5
          If it is filed as concurrent, you can work for both employers. But if it is not filed as concurrent, you cannot.
          This is my opinion and not legal advice.

          Comment

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