THE CONCURRENT H1B – Bay Area Immigration Services in California
HOW TO WORK FOR MULTIPLE H1B EMPLOYERS:
Invalid H1B foreign nationals can work for multiple employers if the additional employers agree to file for a concurrent H1B petition.
We provide an outline of the Concurrent H1B and the main features that companies and H1B employees must bear in mind when working in the United States under a Concurrent H1B for the benefit of H1B employees who are interested in working for numerous H1B employers.
CONCURRENT H1B:
“Concurrent H1B” is a term used to describe an H1B petition submitted on behalf of a foreign person working in the United States on an H1B visa who wants to work in another job while on his current H1B visa.
REQUIREMENTS FOR CONCURRENT H1B EMPLOYMENT:
There are the same requirements for all H-1B petitions:
- There is a genuine employer-employee connection.
- All standards for prevailing wages have been satisfied.
- This is a specialized occupation.
- Having a Bachelor’s degree in a discipline related to the position is required.
The H-1B worker must also meet the following requirements to accept the employment offer in the specialist occupation:
- Demonstrating completion of a bachelor’s or higher degree from an approved college or university in the United States, as needed by the relevant specialist employment, or
- Holding a foreign degree in the specialty occupation that is equal to a bachelor’s or higher degree in the United States, or
- Having completed a specialty vocational education, training, or increasing responsible experience that is equal to the completion of such a Degree .
An H-1B worker should be able to provide an unrestricted state license, registration, or certification when it is required.
CONCURRENT H1B FILING ORDER AND TIMELINE:
At the time of the lottery, you are unable to file concurrent H1B petitions. When applying for a lottery, you must go through the H1B quota at least once.
Once the first H-1B petition with firm A is authorized and the employee is an invalid H1B status, an H-1B petition for concurrent employment can be filed (beginning no earlier than October 1st).
WORK FOR TWO DIFFERENT EMPLOYERS ON THE H1B STATUS IF THE JOBS ARE IN COMPLETELY DIFFERENT FIELDS:
On an H1B visa, you can work for many companies, even if the positions are in entirely unrelated sectors. The same amount of paperwork as for the initial H1B application must be utilized to verify the skill.
The second job should also meet the H1B visa’s specialty occupation requirements.
WHEN CAN START WORKING FOR THE CONCURRENT 2nd H-1B EMPLOYER?
On receipt of the USCIS receipt, you can begin working for the second employer.
There is no need to wait for permission from USCIS.
DOES MY PRIMARY H1B EMPLOYER HAVE TO BE INFORMED ABOUT MY SECOND H1B EMPLOYER?
USCIS does not communicate information regarding the concurrent H1B of second employer B to the original H1B. (First employer A)
You’re also not required to tell your primary H1B employer A about job B.
Employer B, on the other hand, must be notified of Employer A’s H1B status. This is because Employer B must clearly state that the H1B application is a “Concurrent” H1B.
H1B EMPLOYMENT BY CAP-EXEMPT AND CAP-SUBJECT EMPLOYERS CURRENTLY:
The H1B worker who works for an H1B cap-exempt employer can also work for a cap-subject employer and can continue to work for that employer even if the cap-exempt company fires them.
However, unless the H1B worker is working for a cap-exempt firm as the principal H1B, he or she will not be allowed to continue the H1B concurrent employment.
CHANGES IN CONCURRENT H1B EMPLOYMENT:
Changes in employment, such as moving jobs, must be reported to USCIS to ensure that the H1B worker’s non-immigrant H1B status remains valid. Even for the concurrent H1B job, this is true.
IS CONCURRENT H1B VISA STAMPING REQUIRED?
For your concurrent H1B work, you do not need to apply for a “second stamping.”
On the DS 160 form for visa stamping, you should specify the principal H1B full-time work.
If you travel outside the United States, you only need one valid H1B visa “stamp” in your passport to re-enter the country.
However, you should have the following proof with you:
- USCIS I-797 Approval Notice for a second concurrent H1B.
- For each H1B work, three most recent pay stubs are required.
- Three most recent pay stubs are required for each H1B job.
Concurrent H1B is distinct from two separate H1B approvals, which you would ordinarily have if your H1B transfer and extension were both accepted.
Functioning for two employers with an L1 and H1 visa is not permitted since you cannot have more than one status in the United States at the same time.
When you start working for a new company, they fill out Form I-9 to record your employment to USCIS. USCIS will not get to know your new employment start date.
Because taxes are reported to the IRS using your SSN, your payroll will leave traces of information as well. If the US embassy suspects you of violating immigration regulations, they may issue you form 221g.
Each circumstance is unique, and rigorous legal research is required to obtain the best possible conclusion for your case.
REACH OUT TO US FOR MORE DETAILS:
https://bayareaimmigrationservices.com/service/h-1b-visa/