Is it possible to convert regular H1B to Concurrent H1B with current employer?

USA H1B Visa
1

Hi Anil,

I am on H-1B visa working as full time employee for Employer A since last 2 years. Now I got an offer from Employer B.

They have started H1B transfer(regular processing) and filed petition for me and about to get receipt in next couple of days. I will be starting with Employer B on 03/11/2018.

My current employer A is asking me to work for them as part time. Is it allowed to work for Employer A as part time?

If yes What is the process to work for employer A while I will be working for Employer B as full time.

Thanks,
Pradeep J

2

Your employer A can file a Concurrent H1B application and if approved, you can work for employer A part time.

This is legal.

3

Thanks Anil!

Is employer A can first revoke my current H1B with them and then start new concurrent H1B?

They have already started my GC process and file PERM on Nov 2018.

Is this has any effects to GC process that they have already initiated?

4

Your employer A can file H1B Amendment to change your job from full time to part time but they would need the primary H1B approval from your employer B to file their application as ‘Concurrent H1B’.

PERM and GC process is for future application and does not affect your H1B.

5

As I don’t have H1B Approval from Employer B yet, I may wait until it is approved then will ask Employer A to file concurrent H1B.

Do the employer A needs to Inform USCIS or anybody If an H1B employee leaves them?

6

Yes, employer A is legally obligated to withdraw your H1B once you leave them by sending withdrawal notice to USCIS.

7

If I convince employer B that I will work with them as part time instead of full time, and continue to work with current Employer A as full time, Do the Employer B who already filed H1B transfer last week needs to file again H1B Amendment to change my job from full time to part time. correct?

8

Yes, that’s correct.

9

Thank you very much for all your quick responses!

1 Like
10

I am working with Employer A. My H1 is transferred to Employer B and its approved. I will be starting with employer b in couple of weeks.

I also want to continue working with employer A, so I can advantage of green card dates movement in coming October.

What are my options? Employer A tells that, he cannot amend h1 as New Concurrent Employment, since I am not a new guy with them.

What can be done here?

11

Hello Anil,

I am on same boat Working with emp a, but my I 140 is approved through emp B, so I want to join them, they said they will file H1 b in regular processing, not cuncurrent

I have my current H1B Approved through emp a , if I continue to work with emp a , do they have to file amendment for concurrent , can they do at the same time when I am working with them or I have to resign and join again? , does emp B need to know that emp a is filing amendment and can we work 40 hrs at both place, thanks in advance, will it impact my GC process any way , is it legal to do that.

12

Hi Devendra,
I am in a similar situation.
Just wanted to check if you got response to your question.

I am getting my H1b transferred from employer b, but would like to work with employer a part time as it would fall outside of the hours of employer b.

Just wondering if I can continue working for employer a (and also start with b) or do I have to wait till the concurrent h1b (amendment) is approved?

Thanks in Advance!

13

Hello Rishabh,

I did not receive response from any one, let me know if you find something

14

In your case employer A will need to amend H1B for concurrent employment. If you join employer B, you need to stop working for employer A. You can start working for employer A on receipt of the amended H1B for concurrent employment.

You are not obligated to let employer B know that you are working concurrently with employer A however you need to make sure you are not breaking any terms in your employment agreement with employer B for e.g. any non-compete rules or working for other employers while being employed with employer B.

An H-1B worker can technically have 2 full-time positions under concurrent employment. However, it is possible that USCIS will deny the concurrent H-1B petition for full-time employment if it does not appear possible to work 2 full-time jobs.

As mentioned above, concurrent employment is legally allowed and there should be no impact on GC.

15

Hi Kalpesh,

Thank you for your response.

In my case the change of employer (transfer) has been filed by employer b and if employer a (whom I am working with currently) would like to file concurrent by doing amendment of already approved petition, is it possible for them to file it?

Would they need any pay-stubs from B to file it?

Thank you!

16

Yes. I suggest working with the immigration lawyer of your employer A.

I dont think so but check with your immigration lawyer. You can provide offer letter from employer B if employer A file concurrent petition before employer B is able to generate any payroll for you.

17

Thanks lot for reply, before apply for amendment for concurrent does my H1 need to be approved from emp B.

From Emp A you said I have to stop working , meaning I can not get paid during that period right, or I have to give resignation and rejoin, thanks in ad

18

Yes.

Between the time you start working for employer B and the amendment is filed by employer A, you can’t work for employer A.

19

Thanks lot in case H1b pending and if get RFE then do we have to wait till it approve, before applying H1b Amendment from emp A, or we can file amendment with regular H1B , concurrently

20

Bottom line is you need approved H1B from one employer and be working with that employer at the time the other employer files new concurrent employment petition.