More than 1 employment on H1

[vickysingh]

I am on H1B working for X company. There is another employer offering me employment. Can I work for more than 1 employer on H1. Is it possible 1 employment be full time and another to be part time or as a hourly consultant. What needs to be done and what all formalities and paper work should be done to take more than 1 employment on H1?

[shervin143]

The second employer file an H1B petition (Form I-129) on your behalf as a concurrent H1B and that should get approved. It has to be a CONCURRENT petition. If it is filed as just a transrfer, then you cannot w9ork for both the employers. And you cannot work for the 2nd employer until the concurrent H1B petition is approved by USCIS.

[vickysingh]

Thanks for the response. Could you please provide little more detail. What you mean by concurrent petition. Does it mean both the H1 petitions need to filled together (suppose I file first H1 petition between april and november, does it mean i have to file for both the petitions at the same time). Or can I come to US on first H1 visa and then second employer can file for second H1petition later on?

Also if it is possible to file second petition after I come to US on first H1 visa ,does second petition needs to be filed between april and november or it can be filed anytime of the year.

[shervin143]

The second petition can be filed anytime. Both the petitions need not be filed at the same time. But if you want to work for the 2nd employer when you are already employed with the first employer, then the second employer will need to file the H1B petition as a concurrent petition. It is an option in I-129. Ask the employer to consult a good immigration attorney and they will be able to help you file a petition that is concurrent to the first one.

Thanks for the response. Could you please provide little more detail. What you mean by concurrent petition. Does it mean both the H1 petitions need to filled together (suppose I file first H1 petition between april and november, does it mean i have to file for both the petitions at the same time). Or can I come to US on first H1 visa and then second employer can file for second H1petition later on?

Also if it is possible to file second petition after I come to US on first H1 visa ,does second petition needs to be filed between april and november or it can be filed anytime of the year.

[vickysingh]

Thanks for your reply,i think I did not framed half my query properly. What I meant to ask was do we need to file second concurrent H1 petition before H1B cap quota gets filled for the year or it can be filed any time of the year?

[shervin143]

It can be filed anytime since you will be already CAP counted.

Thanks for your reply,i think I did not framed half my query properly. What I meant to ask was do we need to file second concurrent H1 petition before H1B cap quota gets filled for the year or it can be filed any time of the year?

[vickysingh]

Thanks!

quick question both the employment can be full time employment...or there can be only 1 full time and another one would be part time or hourly..?

[shervin143]

Well, if you can convince USCIS that you can work 16 hours a day, then both can be full time employment. Your salary should be equal to or more than the approved LCA for both the employers. If not, it will be a problem later.

Thanks!

quick question both the employment can be full time employment...or there can be only 1 full time and another one would be part time or hourly..?

[vickysingh]

Apologies for not getting the point in first time. You mean the combined salary from both the jobs should be more than or equal to initially approved LCA or both the salaries separately should be equal to more than approved lca.

[shervin143]

Each employer will need to file an LCA to get the H1B approved. The salary from each employer should meet the approved LCA that is filed by them.

Apologies for not getting the point in first time. You mean the combined salary from both the jobs should be more than or equal to initially approved LCA or both the salaries separately should be equal to more than approved lca.

[Cynikee]

One employer is non-profit and other is not

Hello,
Can I work for 2 employers in this setting- My full time employer gives me cap-exempt H1B, and now I want to work part-time for another employer who is for-profit. Can the second employer still file my cap H1 at anytime of the year regardless of remaining cap quota? If yes, will I still go through lottery or will I directly get the concurrent H1B?