Immigrantly

Immigration thoughts from an Immigration Lawyer.

Can I have two full-time jobs under concurrent H1B?

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Answer: Technically YES

What is “Concurrent H1B”?

A “concurrent H1B” means you hold multiple H1Bs and work for multiple employers at the same time. Yes, you can do that! Each employer must file a separate H1B petition for you, and meets all H1B requirements, including paying you the prevailing wage.

Limitations on number of hours:

As a general rule, an H1B petition can be either part-time or full-time. “Full-time” generally means 40 hours per week, unless the company’s normal full-time employment is less than that. But a full-time employment cannot be less than 35 hours per week. On the other hand, “part-time” means anything less than “full-time.” However, there is no specified minimum hour requirement for a part-time H1B. Does this mean you can stay in the U.S. under H1B and work only 5 hours per week? Probably not. Even if your sponsoring company is willing to file such H1B for you, the USCIS will question your ability to pay for your living, and will probably doubt whether you are taking on other unauthorized employment. Therefore, the hours should be within a reasonable range, typically 15-30 hours per week.

Typical and atypical concurrent H1Bs: 

A typical situation is where a person has one full-time H1B and one part-time H1B, or two part-time H1Bs. However, there is no maximum number of hours one can work under immigration law. Therefore, technically, you can have two full-time H1Bs. But physically, you may not want to work 80+ hours a week.

Timing of filing for the 2nd H1B and working for the 2nd employer:

If you are currently on H1B status, you can file your 2nd H1B as soon as your 2nd employer is ready to file the petition for you. Then you can start working for the 2nd employer as soon as they file the H1B petition for you. This is based on H1B Portability rule. Therefore, you won’t need to use extra money for the Premium Processing. However, remember that you can work under the portability rule only for up to 240 days. If for some reason your 2nd H1B petition is not approved within 240 days from the date of filing, you need to stop working for the 2nd employer until the petition is approved, otherwise it will turn into an unauthorized employment.

Lastly, a little tip outside of immigration law:

When you file for a concurrent H1B, make sure you are not violating the “non-compete” clause in your employment agreement by working with multiple employers in the same field, especially if they are competitors. When in doubt, talk to your employers to avoid any potential lawsuit against you.

Good luck to hard working H1B holders!

14 thoughts on “Can I have two full-time jobs under concurrent H1B?

  1. How to travel with 2 h1b? What should i show in stampping

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    • You can only have one H1B visa stamp. When you enter the U.S. you will show the Approval Notice from both companies. It’s okay if company B’s name does not show on your valid H1B visa stamp, as long as you have company B’s Approval Notice.

      Liked by 1 person

  2. In case of concurrent H1b then how does the stamping process happen? Should we show both the approvals there for H1b stamping? I would really appreciate an answer.

    Thanks

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  3. Hi , I have below questions. Could you please let me know some information.
    While filing Second H1B case.Do Second Employer need to tell USCIS that the petition is concurrent H1B filing?
    Do I need to get approvals from both employers that I can do extra work and show the approvals to USCIS?

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    • Hello, here are the answers…
      Do Second Employer need to tell USCIS that the petition is concurrent H1B filing?
      ->Yes, you need to indicate that on the application form.

      Do I need to get approvals from both employers that I can do extra work and show the approvals to USCIS?
      -> You don’t need to show to USCIS that both employers know and agree about your working for both companies, but it may be a good idea to disclose your multiple employments to both employers so that you are not breaching any contractual agreements with them (e.g. non-compete agreement).

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    • so, did it work for you? Does your second employer agreed for concurrent H1B?

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  4. I have 1 full time (40 hours/week) and 1 part time (2-9 hours/week) concurrent jobs. Both H1B petitions are approved. The system allows me to add additional I-797 number + Petitioner’s name(s) too. However, I want to specify only my FT employer. Do you think I should do so?

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  5. I think it is about immigration system.

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  6. Hello, Thank you for explaining the concurrent H1-b provision in such detail. I have a question regarding two employers when one is cap exempt and one is not. What if I have h1-b from cap exempt institution and the other institution I want to work for is not cap exempt. Do I have to go through lottery and be selected to be able to work for the non cap exempt institution? Thanks!

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    • No, as long as you are working for a cap-exempt institution, you don’t need to go through the lottery.

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      • Thank you very much for the response. I’ll really appreciate if you could answer another one. My understanding is that if I loose h1B from the cap exempt lawyer then I loose it from the non-cap exempt as well. Lets just say I start working for both the employers in December, can my non cap exempt lawyer keep filing h1b until I get the lottery because eventually I would just like to work for them and leave the cap exempt employer.

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