H1B visa workers may be employed by more than 1 employer concurrently.
A typical scenario is 1 full time employer and 1 part time employer.
If the H1B visa worker will continue to work for their first H-1B employer while commencing new employment for a second employer, the second employer must file a concurrent H1B visa petition requesting extension of H1B visa status of the worker.
The employee can start working for the second employer once the H-1B petition is filed with and received by USCIS.
The 2nd concurrent H1B visa petition position must still be a specialty occupation requiring a relevant bachelor’s degree or foreign equivalent.
Concurrent cap-exempt employment:
Based on the January 17, 2017 USCIS memo, if the concurrent cap-exempt employment ceases before the end of the petition validity period of the cap-subject employment, and the H-1B nonimmigrant worker is not otherwise exempt from the numerical limitations, USCIS may revoke the approval of the cap-subject concurrent employment petition.
Given that USCIS policy is that the concurrent cap-subject employment “may be revoked” we recommend that the concurrent cap-subject employment cease if the cap-exempt employment ceases.
FAQ:
How many concurrent H1B visas can you hold?
There is no limit to the number of concurrent H1B visas that you can hold simultaneously. But you must be able to show a feasible number of hours to USCIS to make it possible.
An H1B employee working a full-time job for the primary H1B employer will not be approved for another full-time H1B position simply because it is against the number of working hours limitation. You cannot work full-time with two different employees.
How to apply for a concurrent H1B employment?
You need a secondary employer who is willing to sponsor you and apply for your concurrent H1B employment application.
The process of applying for concurrent H1B is similar to the one applying for primary H1B employment. Your secondary employer must mention the primary employer in the application. You can start working for the secondary employer while your concurrent H1B application is under review.
You are also not obliged to tell your primary employer about your concurrent H1B employment. USCIS sends no notice to the primary employer about your concurrent H1B application. But your secondary employer needs to be properly informed about the primary employer, so that he can provide authentic information to USCIS while submitting the application.
Do I have to wait for my concurrent H1B application approval to start working?
No, you can start working for your secondary employer as soon as he submits your application, and you get a receipt from USCIS.
How many hours can I work for primary and secondary employers?
There is no defined limitation on the number of hours that you can work for both employers. If you are working for a few hours for a primary employer and feel that there is a lot of spare time to work for another position, then you can work for the secondary employer based on your availability.
But keep in mind that applying for a full-time job with the secondary employer where are working full-time for a primary employer is not acceptable at all. You can work for up to 80 hours per week with both employers combined.
What is the concurrent H1B fee structure?
The fee structure for concurrent H1B visa is same as standard H1B visa. All the application fees are paid by the employer, which includes:
- Basic Filing Fee – $460
- USCIS Anti-Fraud Fee – $500
- ACWIA Education and Training Fee – $750/$1500
- Premium Processing Fee (Optional) – $2,500
- Our Attorney Fee – $1,295
Who is a primary employer in concurrent H1B Visa?
The primary employer is the one who sponsored you for your first and active H1B employment visa. The primary employer is the individual who has to handle all the ins and outs of your H1B application process.
Who is a secondary employer in concurrent H1B Visa?
The secondary employer is the one who sponsors your subsequent H1B concurrent employment visa. Secondary employers have the information about the primary employer, and they submit the concurrent H1B visa application to USCIS for approval.
H-1B Visa Information Request
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