H1B concurrent employment


The Concurrent H1B

CONCURRENT H1B: AN INTRODUCTION

If additional employers agree to file a concurrent H1B petition, valid H1B applicants can work for multiple employers.

For the benefit of H1B workers interested in working for many H1B employers, we present an overview of the H1B Concurrent employment and the key considerations that companies and H1B employees should keep in mind when working in the United States under this visa. Learn more about H1B Concurrent Employment at the Techfetch H1B website, a one-stop site covering informative immigration-related content.

WHAT ARE THE REQUIREMENTS OF CONCURRENT H1B?

A "concurrent H1B" petition is filed on behalf of a foreign national who is already in the country on an H1B visa and who wishes to continue working while on that visa.

The prerequisites are just like H-1B petitions:

  • There is a true sponsor-employee relationship.

  • All requirements for prevailing wages have been met.

  • This job relates to a specialized occupation.

  • A bachelor's degree is required in a career-related field.

To accept the job offer in the specialty profession, the visa worker must additionally meet the following conditions:

  • Demonstrate that you have earned a higher degree from a US college, as required by the job for which he/she is applying, or

  • Have specialized vocational education, training, or experience of increasing responsibility that is equivalent to completing such a degree, or

  • Possess a foreign degree in the specialty occupation, which is equal to a bachelor's degree or higher in the United States.

  • When required, an H-1B employee must be able to show proof of a state license, certification, or registration.

CURRENT H1B FILING ORDER:

You are not allowed to submit concurrent visa applications during the lottery. A visa petition for employment will be filed after the first H1B petition with Sponsor A has been accepted and the employee has a valid H1B status (as of October 1).When submitting an application for a lottery, you must also know H1B fee.

WORKING FOR TWO DIFFERENT EMPLOYERS IN H1B STATUS: SOME QUESTIONS

You can work with different employers on one H1B visa, even if the roles are in different industries. Verifying experience requires the same amount of documents as the first visa application. The next position must also meet the H1B visa standards for specialty occupations.

Here are some questions that you may have with respect to working with 2 employers in H1B status.

When can I start working for the second employer that is currently hiring?

As soon as you receive the receipt from USCIS, you can work with the second sponsor.

No need to wait for approval by USCIS.

Do I have to tell my first H1B employer regarding my second employer?

The initial employer is not informed by USCIS regarding the concurrent employment .

On the other hand, the second employer should be informed of Employer A's H1B status. Because the visa application must expressly state that it is a "Concurrent" visa; employer B must do so.

H1B EMPLOYEES WORKING FOR CAP-EXEMPT AND SUBJECT TO CAP EMPLOYERS

The H1B worker who is employed by an H1B cap-exempt company is also eligible to work for a capped company and can do so even if the cap-exempt company fires him or her.

However, the H1B worker will not be able to continue H1B concurrent employment unless he is employed as a primary H1B by a cap-exempt company.

CONCURRENT VISA EMPLOYMENT CHANGES

To keep an H1B worker's H1B non-immigrant status in effect, USCIS must be informed of any change in employment, such as a job change. This is true even for H1B employment that is concurrent.

DO YOU NEED A CONCURRENT H1B VISA STAMP?

A "second seal" is not required for your H1B job. The main full-time H1B employment must be specified on the DS160 form. If you leave the country, you only need a legitimate visa "stamp". However, you must bring the following documentation:

  • Second Concurrent H1B USCIS I-797 Approval Notice.

  • For each H1B job, you require three pay stubs.

  • Two different H1B visas, which you would normally have if your H1B transfer and extension were granted, are different from concurrent H1B.

Since you cannot have more than one status in the US at a time, you are not allowed to work for two employers while on an L1 and H1 visa. The US embassy can give you 221g if you are breaking the laws. Visit TechFetch H1B for details on H1B concurrent employment, and the terms and conditions under which this is allowed.

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