concurrent h1b and gc processing

You can begin working with your second employer as soon as the new H1B petition is filed and received by the USCIS. If you have any questions regarding working for multiple H1B employers while in H1B status, or need help filing a U.S. work visa, contact our experienced immigration attorneys immediately for a Immigration Lawyer Consultation. Well analyze your specific situation and recommend the most effective strategy based on our attorneys near 100% success rates. Check your inbox or spam folder now to confirm your subscription. Note: In April, the journal can file an H1B Cap petition on Janes behalf if they would like her to work full-time for them or to make sure that she can continue working for them if she leaves her job with the think tank. The concurrent H1B position(s) need not be in the same occupational category or specialty occupation as the first position. (document.getElementsByTagName('head')[0] || document.getElementsByTagName('body')[0]).appendChild(dsq); Keep in mind that youll need to satisfy all the requirements in getting your second job as you did with the first position. Applicants must review their H1B status to be sure such H1B status reflects the right to re-enter based on the work visa. While adding concurrent employers generally appears straightforward, it does have many nuances that employers and employees should keep in mind.

This article gives you a brief overview of the application seeking authorization for new concurrent employment and key elements that H-1B employers and employees must keep in mind working under a Concurrent H1B. The employer needs to show that: a. |All Rights Reserved|, Things To Know About 204(c) Prior Marriage Fraud Bar, Evidence of Viable Marriage for Expedited Naturalization. However, the journal needs her to start immediately.

Also, as far as the H-1B regulations are concerned, you can work full- or take up part time employment for one, or several employers, with the condition that each job qualifies as an H-1B occupation and your new employers are willing to take on the H-1B obligations within the statutory limit the position requires. All that matters is that concurrent position is a specialty occupation and that the H1B worker is qualified for the position.

Foreign nationals who are maintaining valid H1B status can have a Concurrent H1B petition filed on their behalf by a new employer so that the H1B holder can work for more than one employer at the same time.

However, H1B visa stamping is required for second employment after the H1B petition has been approved.
For the second concurrent H-1B visa, you can work multiple jobs in different fields as long as you meet the academic requirements. If the change in employment comes due to a layoff in the main H-1B position or cap exempt, the H-1B worker still retains their status and can continue working for the H-1B concurrent employer, you just have to specifically mention it in your application. You must have a higher degree in that field and must be working for a cap subject employer or a cap exempt employer. If your employer deems you qualified, then youre free to work. Yes. On a second concurrent H-1B visa, it is prohibited to: The USCIS allows H-1B holders to work multiple jobs if they have explicitly applied for concurrent H1B. They were very helpful in all phases of the H-1B visa process and they got it right the first time. The Concurrent H1B petition must meet all the requirements of regular H1B petition. Getting Married On A Tourist Visa To A US Citizen: Can You Do It?

She has just found out she will be laid off from the brokerage firm. You may be denied a concurrent visa status if you already work full-time and wish to do the same for your second employer. Work auxiliary jobs like Airbnb, Uber, Lyft, and Uber Eats.

However, the H1B worker should be careful to show that he or she is not working too many hours and is maintaining valid H1B status at all times. Jane, a Venezuelan national, has degrees in Economics and Writing. You can have different jobs in various fields across several industries. This means that the H-1B transfer rules apply where you dont have to secure approval before working. You can, as long as the additional employer is willing to file a petition for a Concurrent H1B take up a specialty occupation requiring more than one status. She has been now offered a job as an Associate Editor for a small journal. You will be denied a concurrent H1B visa if either of your jobs with employer A or employer B does not qualify. Of course, this is only possible through the second concurrent H-1B application. The H1B worker, however, will not be able to extend the H1B concurrent employment unless he or she is working for a cap-exempt employer as the primary H1B.

If you can do this, then you arent necessarily working part-time. The non-profit organization files an H1B amendment to amend Janes hours from full-time to 20-25 hours/week.
She can remain in the U.S. and continue to teach while she looks for new employment. Lastly, the actual structure of the work and hourly limit depends on you and your new employer. Thorough preparation is essential to secure approval of a Concurrent H1B petition.

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, How to Start A Company In USA Under L1 Visa. What can Jane do? var dsq = document.createElement('script'); dsq.type = 'text/javascript'; dsq.async = true; However, for concurrent employers, the law requires notifying USCIS of the concurrent H1B visa petition. dsq.src = '//' + disqus_shortname + '.disqus.com/embed.js';

When all the necessary approvals have been exclusively obtained by foreign nationals who want to take up new employment with cap subject employers you can have two H1Bs that you can hold simultaneously. The job at the community college is the Concurrent position. The 2nd concurrent H1B is commonly referred to by many, but only a few get through with the application process. VisaPro is the only way to go! Its several months to go until April so an H1B cap petition cannot be filed on her behalf at the present time.

If the intended job directly relates to your current H-1B employment, youre good to go. Secondly, when you add your part-time or second job to your current job, you will have to indicate the change in your number of working hours. Like the H1B visa transfer procedure, you can be eligible for work as soon as all fees are paid and the USCIS receives the filling for the concurrent H-1B status. required>
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As a non-profit organization that has an affiliation with a university, the organization is cap-exempt. Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a Concurrent H1B.. You would also have to pay fees, maintain employer to employee relationships and have a minimum of a bachelors degree to work for your new employer on the concurrent employment.
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For multiple jobs in a specialty occupation, it isnt compulsory for the concurrent H-1B position to be in the same occupational category or similar to your first job. H1B Cap 2023 Filing Secrets: Why You Should Plan Now?

This is true even for the concurrent H1B position. DID YOU KNOW? Concurrent H-1B differs from two separate H-1B approvals, which holders often get if they get an H-1B transfer approved along with the extension. I have tried other Visa services, but VisaPro is the best by far. Changes in employment such as transfer or extending of H-1B status always require the notification of the USCIS. She is working for an Economic think tank, which is a non-profit organization, as a grant writer.

To file for a concurrent H-1B, remember that it requires an employer-employee relationship.
In the future, you may need to show it when extending your H-1B status or during your green card application. A concurrent H-1B petition for even a part-time H-1B employment wont be granted because an H-1B petition already exists on the same level. Thorough preparation and application are essential to secure a Concurrent H1B visa. The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning, b. An H1B worker who is working in the U.S. for a cap-exempt employer and has not previously been chosen in the H1B Cap can concurrently work for a cap-subject employer. Whats necessary is that the concurrent position is a specialty occupation and that the concurrent H1B worker is well-qualified for the position. If you want to work for more than one employer, you must file a concurrent H1B visa applicationand prove that the position offered requires knowledge. A concurrent H1B petition for part time H1B employment will not be approved merely because an H1B petition on behalf of the foreign national is already approved.

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