Visa-Faq.com

can h1b visa holder work for two employers

by Ms. Carissa Borer Published 3 years ago Updated 2 years ago
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The law does allow for concurrent employment, meaning you can work 2 H1B jobs simultaneously. However, a separate H1B application must be filed before work for the second employer may begin. All of the same rules apply to the second H1B job that apply to the first.

Can you work for multiple employer on H1B?

All too common misconception about H1B's is that an H1B holder can only work for one employer at one time. In fact, those valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a Concurrent H1B petition on their behalf.

Can I do two full time jobs on H1?

Yes, it is legally possible to have two full-time concurrent H1Bs and work on two full-time jobs from your home. But, the chances are low for second full-time H1B approval unless USCIS is satisfied that you can really work 80 hours per week.

Can two employers file H1B for same employee 2022?

Yes, the same applicant or beneficiary can be registered by completely different multiple companies, as long as they are not related in any way. For example, two employers like Microsoft and Google can submit H1B registration for the same candidate or beneficiary.

Can two employers file H1B for same employee 2023?

filing more than one H-1B petition by an employer on behalf of the same alien in the same fiscal year will result in the denial or revocation of all such petitions.

Can you have two full time jobs USA?

As a general rule, unless you've signed a valid employment contract that prohibits you from taking a second job, there's no law against working for more than one company. That doesn't mean, though, that your employer can't terminate you for moonlighting or participating in a side hustle.

How many times can you get H1B?

Under normal circumstances, a foreign national is initially granted a period of stay of 3 years in H-1B status. When you near the end of that period, you will be able to apply for an H-1B visa extension up to a total of 6 years. An employer, however, can only request a total of 3 years on any given H petition.

Can you apply for green card as soon as you get H1B?

How long does it take to get a Green Card from H1B? Most H-1B holders have to wait approximately two years after filing the family sponsorship form before you can continue the process by filing your Green Card application.

Can H1B work more than 40 hours?

A full-time week is 40 hours per week, unless the employer can demonstrate that less than 40 hours per week is full-time employment in its regular course of business. In no event would less than 35 hours per week be considered to be full-time employment.

Can I work 2 jobs on work permit?

Yes on PGWP you are open to working any hours anytime, so far I know. its a open wp like any other worker.

Can I work for 2 employers on green card?

Yes - you are authorized to work with whichever and as many employers as a lawful permanent resident.

Can I do freelance work on H-1B visa?

No. Freelancing is considered “unauthorized work.” As an H1B visa holder, you are authorized to work only for the company on your Form I-129.

What is an H1B visa?

Very simply, the H1B process is the way that the immigration service allows foreign born workers to work in the United States. Typically, if you’re here on an employment Visa, it’s an H1B Visa. Under that Visa, you typically can only work for 1 employer. Outside employment is pretty much prohibited.

Can I work 2 jobs on H1B?

If you pull it off, though, you can do it. Otherwise, you can’t work 2 jobs on a single H1B. Like I said, we deal with this question about employment Visas all the time.

What is Allowed on H Visa

H-1B visa holders can work for their sponsoring employer. If the H-1B visa holder would like to work for another company, the new employer would have to sponsor the H-1B visa, and all regular H-1B visa requirements still apply.

Second or Concurrent H-1B Visa

If the H-1B visa holder would like to work for a second employer, such as a part-time job, they would have to go through same process as the first H-1B visa petition such as filing an LCA (Labor Condition Application) with the DOL (Department of Labor), paying prevailing wages at the minimum, maintaining a valid employer-employee relationship, the job requiring a minimum of bachelor’s degree and being a specialty occupation, and the employee having the minimum qualifications for the job..

Cap-Subject vs Cap-Exempt

If the job with the first employer is cap-subject, the H-1B visa petition can be filed at any time.

Maximum Number of H-1B Jobs

There is no legal limit on the number of H-1B visa petitions that can be filed in such manner. However, there is of course a practical limitation, as the holder can’t be possibly working for five different companies at once.

H-1B Petition Amendment

If you switch from a part-time to a full-time job or vice versa, or if there is any significant change in the number of hours worked for a given employer, the H-1B petition must be amended.

Six-Years Limit

The limit of six years in the U.S. for H-1B visa holders is based on the time spent in the U.S., not the number of hours worked. Therefore, instead of working 40 hours a week, you can’t work 20 hours a week and stay for 12 years.

How often do you have to be paid for an H1B visa?

A company cannot place you on Bench or not pay you when you’re in between projects. You have to be paid every single month of the year. It is up to the Employer to show and prove with paperwork and contracts and such that there is work for a foreign national.

How many hours can an H1B worker work?

Is there a cap on the number of hours per week a H1b worker can put in? I remember reading somewhere that it is illegal to work beyond 40 hours, but it seems to be the norm in most MNCs, to have employees on H1b working 50-60 hours.

How many hours do you have to have to have a H1B?

And this brings me to probably the main answer to your question - you have to have a primary FULL-TIME H1B before you can get any part-time H1Bs. However, full-time can mean 35 hours (as in my case) - it depends on your employer. I doubt USCIS will accept anything less than 35 as "full-time" though.

What is the purpose of H1 B visa?

The purpose of H1-b visa is to meet the shortage of skilled employees in US. The H1-b visa is obtained by employer and the employee is required to work only for the employer who has sponsored the visa for the employee.

How many hours do you need to work on an I-129?

This information would be included in the I-129. For example, 10-15 hours, etc.

How many hours can you work without pay?

If you are expected to work more than 40 hours per week, without compensation, make sure that you are an “exempt” employee of the company who is paying your salary. If you are in a sweatshop setting, your employer is charging the end client by the hour you work there and they have to pay you for every hour you work.

Is it illegal to hire someone without pay?

As your question was specifically about for-profit companies, the bigger issue here is that in most cases employing someone to work without pay is a violation of Federal labour laws (FLSA to be specific and likely others too). While some companies participate in legally dubious schemes and hope not to get caught, most legit companies will not take on unpaid “volunteers” as they know it violates the law and could get them in trouble.

What is the intention of H1B workers?

Most H1B worker’s intention is to move to a new employer after the new petition is approved and have a cushion of job safety.

How long do you have to stay on H1B if you are laid off?

If your current employer has no new project for you and you fear lay off, then you will be eligible for 60 days of legal stay to find a new H1B sponsor.

How do I report my employment to USCIS?

As soon as you join a new employer, they report your employment to USCIS by filling form I-9. Do not remain under the illusion that USCIS will not get to know your new employment start date.

Is USCIS the only agency that you need to be aware of?

USCIS is not the only agency that you need to be aware of. US embassy is also very strict and may hand you over form 221g if they suspect any foul play with the Immigration laws.

Can I work for multiple H1B employers?

You may not work for multiple H1B employer using current approved H1B & new one on transfer receipt. New company reports I-9 form to USCIS. Payroll uses SSN.

How long will you be banned for H1B?

Breach of H1B, you will not realize it now but when you go for your Green Card interview, they will reject your application. And ban you for 10 years from entry. Goes without saying, you will be deported post in person interview.

Can a lawyer work for Microsoft?

Not a lawyer legal to work. But most companies have exclusivity clause, one cannot work for Microsoft & Expedia simultaneously. That would be an easy termination task for HR

Can I work on a second H1B?

Yeah I think you can do it. While your second H1B is yet to be approved you’re technically working on a single H1B.

Can you have two H1Bs for two employers?

I think legally you can totally do it. You’ve two H1Bs for two employers and also you’re paying taxes on both those incomes. I do not see a reason why it’s a breach.

What is the best way to get help with immigration?

However, as a word of caution, the best help you can get is from an immigration lawyer. Please do contact them for any professional an

Can a sailor work for 10 jobs?

Haha. Most don't even work for one!! Very light work. So yes, they can work for 10 jobs!!

Is it legal to bring a visa to the US?

It is not uncommon that some shady visa abusing companies bring people to US and send them out to several different places and have them work on many different projects, but at the end of the day, the sponsor of the visa pays this person’s salary and collect fees from the employers who used the services of this person as an agency. It is perfectly legal.

Do you get overtime if you draw a salary?

1. Just because you're drawing a salary does NOT mean you are automatically exempt from overtime pay. In fact, most people who draw a salary in the US actually ARE entitled to overtime pay.

Is there a legal limit to how long you can work?

Technically, there's no legal limit, as most position are salaried, and presumed that you are paid to get the job done, however long it takes.

Do big companies want you to know his secrets?

The big companies don't want you to know his secrets .

Can I work at different locations on an I-129?

It really depends on the language used in the LCA and i-129 petition. If you are being asked to work at different locations and all of them are not mentioned in the petitions, you and your employer are at risk of visa fraud. But if you work for multiple clients from your employer's location, and the language in the petition conveys the intent correctly, you might be fine.

Can you work for clients your employer sends you to?

You can work for clients your employer sends you to.

Can I work on 3 or 4 projects at the same time?

Not necessarily true. I sometimes work on 3 or 4 client projects over the same period (sometimes switching back and forth on a daily basis). The key here is that I work at my employer's location with occasional business trips to meet with a client for a few days to a couple weeks (but am not permanently working at my client's location). Therefore no LCA or H-1B visa amendments are necessary. This is a traditional professional services consulting model versus simply providing people type of 'consulting' that has become common.

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