Benefits of concurrent H1B

How to work for multiple H1B employers with concurrent H1B

As long as additional employers are ready to file a "concurrent H1B" application, foreign nationals with valid H1B status can work for more than one H1B company.

We at Techfetch H1B provide an outline of the H1B Concurrent employment and the important factors that companies and H1B petitioners need to consider when engaged in any occupation in the United States under an H1B Concurrent here for the benefit of H1B workers who are interested in working with numerous H1B employers.

What is concurrent H1B status?

The term "concurrent H1B" refers to the H1B petition filed for a foreign national who is currently employed in the United States with an H1B visa and is requesting permission to work simultaneously in two different jobs.

Foreign nationals with active H1B status are eligible to request that a new employer file a concurrent H1B petition for him/her so that they can simultaneously work for multiple companies.

The new employer must complete all standard H1B petition filing procedures, including applying for an LCA from the Department of Labour and filing a petition with USCIS.

The new company should be able to file a concurrent H1B on behalf of the H1B holder if it can prove that the planned H1B part-time employment comes under the category of specialty occupation and the minimum need is a bachelor's degree. As soon as the petition is filed, you can start your work with the new employer.

The petition for concurrent H1B must fulfil all standard H1B petition standards. The employer neeeds to demonstate that:

• The assigned role demands experience that can only be gained through study at a higher education institution, both theoretically and practically.

• The position needs the completion of a particular course that is relevant to the post.

• A bachelor's degree or higher in the relevant field (or whatever is equivalent to it) is a prerequisite for the post.

How many concurrent H1Bs can you support?

There isn't any legislative restriction on the number of concurrent H1B visas a person can have. The H1B employee must take care to demonstrate that he/she is not putting in too many extra hours and that he or she is consistently in possession of legitimate H1B status. If an individual is already employed full-time by the primary H1B employer, USCIS cannot authorize concurrent H1B visa for another post that is also a full-time position.

Concurrent H1Bs in various specialty professions

Concurrent H1B positions do not need to be within the same specialty or occupational category as the previous post. It only counts that the H1B employee has qualifications for the other position and that it is a specialty occupation.

H1B employment concurrently by cap-subject and cap-exempt employers

An H1B employee employed by an employer who is cap-exempt can work simultaneously for a company subject to the cap and can do so even after leaving the employer who is cap-exempt.

However, unless the H1B worker is employed as a primary H1B by an employer who is cap-exempt, he or she will not be allowed to continue concurrent H1B employment.

Concurrent H1B: Changes in employment

To ensure that the H1B employee maintains valid H1B non-immigrant status, employment changes, which may include a change in the worker's place of employment, must be reported to USCIS. Even the concurrent H1B position demonstrates this. The H1B worker will still be in status and be able to work for the concurrent H1B employer even if he or she is laid off or quits his or her primary H1B job.

Conclusion:

An unfortunate but widespread myth regarding H1B visas is that they can only be used by one company at a time. If additional employers are ready to petition a concurrent H1B visa on your behalf, people with valid H1B status can actually work for numerous H1B employers.

Although bringing in additional concurrent employers often seems simple, there are some complexities that both companies and employees need to be aware of. The fact that an H1B petition filed for a foreign national has been previously authorized would not lead to the concurrent H1B petition for part-time H1B employment to be approved. For a concurrent H1B petition to be approved, careful planning is necessary. For a better understanding of H1-B concurrent employment, visit TechFetch.