Can Family Based and Employment H-1b Be Filed Parallel

Tin can A H-1B Holder Piece of work for Two Employers?

New Situation:

The COVID-19 pandemic has forced employers and employees to quickly modify work hours and often pay. New work arrangements and reduced pay accept left some H-1B workers wondering whether they tin can work for multiple H-1B employers at the aforementioned time.

It is actually possible to work for two employers, if the 2d employer files Concurrent H-1B for you.

What Do I Need to Do to File a Concurrent H-1B?

• If y'all accept a valid H-1B status with Company A, Company B tin can file for Concurrent H-1B for you
• Visitor B must obtain a certified Labor Condition Awarding (LCA) from the Section of Labor and file its own separate H-1B petition with USCIS
• Company B would accept to check, "New concurrent employment" on Form I-129 equally shown beneath

Is At that place a Limit To the Number of Employers Can I Piece of work for in H-1B, Using the Concurrent Employment?

• Technically speaking, as many as you want
• Remember, you have to maintain H-1B condition throughout employment
• Hence, you must be realistic most how many hours per week, you are required to work for each of H-1B employer

Can I Work Two Full Time Jobs for 2 H-1B Employers Through Concurrent Employment?

• An H-1B worker can Technically take 2 full-time positions under concurrent employment
• However, it is possible that USCIS will deny the concurrent H-1B petition for full-time employment if it does not appear possible to piece of work 2 full-time jobs
• Note a full-fourth dimension workweek is 40 hours, nether no circumstance, it could be less than 35 hours
• Hence, it volition exist prudent for company B to file for concurrent part-fourth dimension employment than a full-time employment

Tin an H-1B worker Work Part-Time for 2 H-1B Employers Through Concurrent Employment?

• Yes, as an H-1B worker, yous can hold 2 role-time positions under H-1B concurrent employment
• Anything less than 35 hours per calendar week is considered part-time employment
• As an  H-1B worker can also work remotely for multiple H-1B employers as long as an LCA and H-1B petition are properly filed to include the remote piece of work location
• All LCA posting requirements should be met

What are the Requirements for Concurrent H-1B Employment?

The requirements are the same as any other H-1B petition:

• For example, company B is still required to establish that a bona-fide employer-employee relationship exists
• All prevailing wage requirements are met
• The position is a specialty occupation
• Requiring at least a Bachelor'southward degree in a field related to the position
• The H-1B worker must also qualify to take the chore offering in the specialty occupation by:
  • Demonstrating completion of a U.Due south. bachelor's or higher degree required by the specific specialty occupation from an accredited higher or university, or
  • Holding a foreign degree that is the equivalent to a U.S. bachelor'due south or higher degree in the specialty occupation, or
  • Having education, grooming, or progressively responsible experience in a specialty occupation that is equivalent to the completion of such a degree
  • H-1B worker should provide unrestricted state license, registration, or certification, authorizing the worker to fully practice the specialty occupation, when. required

What Should be the Gild and Timing for Filing the Concurrent H-1B?

• You cannot file concurrent H1B applications at the time of the lottery
• Lottery application means that you need to go through the H1B quota at-to the lowest degree once.
• An H-1B petition for concurrent employment can be filed in one case the initial H-1B petition with visitor A is approved and the individual is in valid H-1B condition (beginning no earlier than Oct i st )

Tin I Work in H1B status For Ii Different employers if The Jobs are in Completely Different Fields?

• You lot can work with multiple employers on H1B even when the jobs are in completely different fields
• The expertise has to exist proved with the aforementioned level of documentation as used for the main H1B application
• The second employment also should be eligible for an H1B visa's specialty occupation criteria

When Can Commencement Working for the Concurrent H-1B Employer(2d)?

• You tin beginning working for the 2d employer on the USCIS receipt
• There is no demand to look for USCIS approving

Does Primary H1B Employer Have to Informed About my Second H-1B Employer?

• USCIS does not explicitly send information about second employer B's concurrent H1B to primary H1B (first employer A)
• You are also under no obligation to inform your principal H1B employer A virtually employer B
• Yet, Employer B has to be informed nigh Employer A'southward H1B. This is because Employer B has to specifically mention it in the H1B application that is a "Concurrent" H1B.

What is Concurrent H-1B Fee?

• The concurrent H1B filing fees is same as a standard H1B awarding
• Premium processing is available too

Is my I-140 Processing Affected by Concurrent H1B?

I140 processing is not affected by multiple H1Bs

Is Concurrent H1B Visa Stamping  Required?

• Yous practise non need to apply for a "second stamping" for your concurrent H1B job
• You should mention the primary H1B with full-time employment on DS 160 form for visa stamping
• It is sufficient that yous accept one valid H1B visa "stamp" in your passport to re-enter the The states, if you travel outside
• You lot should carry the Post-obit as Proof Though:
  • 2nd concurrent H1B'south USCIS i797 Approval Notice
  • Three almost recent pay stubs for each H1B job
  • An employment verification letter  past each employer

Please Notation:

• Concurrent H1B is unlike than two split H1B approvals  which y'all normally take in case you go H1B transfer approved along with the extension
•  It is not possible to piece of work for 2 employers with a L1 and H1 as yous cannot have more than i status at one time in USA

• Equally soon equally y'all join a new employer, they written report your employment to USCIS by filling form I-nine
• Do not remain under the illusion that USCIS will not go to know your new employment start date
• Your payroll volition leave traces of information too as taxes are reported to IRS using your SSN

• Us embassy  may hand y'all form 221g if they suspect any foul play with the Immigration laws

Each situation is different and requires careful legal analysis to ensure the all-time outcome for your case.

If you lot are an H-1B worker who is contemplating concurrent H-1B employment and have questions, you tin schedule a consultation with us:

Schedule a call at 469-994-9407   or contact us using the form .

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Source: https://ustunlawgroup.com/things-you-should-know-about-filing-concurrent-h-1b-and-working-for-two-employers/

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