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Concurrent H1B - Frequently Asked Questions
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You should also spend some time getting familiar with the H1-B visa before moving on to the compilation of Concurrent H1B FAQs.

In this article you will find:

A compilation of FAQs on Concurrent H1B

FAQs on Concurrent H1B

1. What is the process for Concurrent H-1B employment?

When a foreign employee has a valid H1B status with company A, company B can file a Concurrent H-1B petition. A separate H-1B petition must be filed with USCIS by company B, obtain a certified Labor Condition Application (LCA) from the Department of Labor, and check "New Concurrent Employment" On Form I-129.

2. What is the maximum number of employers I am allowed to work for in an H-1B utilizing my Concurrent H1B visa?

You may work for any number of employers using your Concurrent h1B visa. H1B workers must be careful not to work too many hours and maintain valid H1B status at all times.

3. What jobs are prohibited under the Concurrent H1B visa?

The Concurrent h1B visa is only for specialty occupations. Here's a list of the jobs that you cannot do with a Concurrent H1B visa.

You may not:

  • Perform any work on 1099 or in cash
  • Do any contract work
  • Do maid work
  • Cook and sell food
  • Sell clothing or jewelry on social media platforms and online shopping portals
  • Work for Airbnb, Uber, Lyft, Uber Eats, etc.
  • Work from home for a foreign company
  • Run your own company and work for the same
  • Involve in day trading in the stock market
  • Involvement in active business
  • Do real estate business
  • Run websites and make money by showing Google Ads or other ads

4. Can I work for two employers on H1B through concurrent employment on full-time jobs?

Technically, an H1-B worker can have two full-time jobs under Concurrent H1B. However, the USCIS may deny the full-time Concurrent H1B job if it deems you cannot have the time for the same.

As per the rules, a full-time work week's duration is 40 hours. Under no circumstances can it be less than 35 hours. Hence, it is wise for your second company to file for a part-time job rather than a full-time one.

5. Is it okay to change my work location in Concurrent H1B?

Yes, you can change your work location with Concurrent H1B. However, it is mandatory to keep the USCIS informed of any changes in your H1B second job to ensure that you maintain a valid H1B status.

6. Can H1B workers work for several employers from various fields?

Of course, Concurrent H1B allows you to work for several employers in completely various fields. You must prove that you are eligible for the job with the similar documents used for acquiring the original H1B petition. The second job should also be listed under specialty occupations for H1B visa.

7. What is the procedure to apply for a Concurrent H1B visa?

As an H1B holder, you cannot apply to the USCIS directly for a Concurrent H1B visa. You must first find an H1B sponsoring employer and file the Concurrent H1B on your behalf.

8. How long should I wait before I can commence working for my Concurrent H1B employer?

You need not wait until you get the USCIS approval. You may commence your Concurrent H1B job upon receiving the visa petition receipt from your employer.

9. Will my primary H1-B employer be informed about my secondary employer?

Not quite. It is only mandatory for the secondary employer to be informed about the primary employer. The secondary employer also has to specifically mention it in the Concurrent H1B petition. However, it is not mandatory to notify your primary employer about your secondary employer. The USCIS also does not send any information to your primary employer.

10. What is the fee for Concurrent H1B?

The basic filing fee for Concurrent H1B is $460.

Also Read: Concurrent H1B

11. Can I file for Concurrent H1B during the H1B Lottery?

You cannot file for concurrent H1B applications during the lottery. A lottery application requires you to go through the H1B quota at least once. Once you have been selected for an H1B lottery, you can file a secondary H1B as Concurrent H1B.

12. Is Premium Processing available for Concurrent H1B?

Yes, Premium Processing is available for Concurrent H1B. You can apply for the same by filing Form I-129 and paying a fee of $2,500. Premium Processing expedites your visa process within 15 calendar days.

13. When is the right time to file for Concurrent H1B?

You may file for Concurrent H1B as soon as the original H1B petition with the primary employer is approved by the USCIS and your H1B status is valid.

14. Can I work remotely for multiple H1B employers?

Of course, you can. However, you must ensure that:

  • Your Labor Condition Application and H1B petition are properly filed.
  • The petition and LCA mention the remote work location.
  • All LCA posting requirements are met by your employers.

15. Can I work part-time for 2 H1B employers through Concurrent H1B?

Yes, your Concurrent H1B allows you to work part-time for 2 H1B employers. Any job that requires less than 35 hours per week is considered a part-time job.

16. What if the Concurrent H1B is denied by the USCIS?

In case the USCIS denies your Concurrent H1B, you must cease working for your secondary employer. However, you may continue working for your primary employer.

17. Can I work on a contract basis as a Concurrent H1B employee?

Working on a contract basis is not applicable for H1B workers because the USCIS rules specifically require an existing employee-employer relationship. The USCIS rules also require you to be on the employer's payroll and receive a W-2 to prove it.

18. Does Concurrent H1B impact Form I-140 processing?

No, Concurrent H1B does not impact Form I-140 because it is a USCIS immigration form filed by H1B employers to obtain green cards for their H1B employees.

19. Is concurrent H1B employment amongst cap-exempt and cap-subject employers permitted?

Yes, it is. H1B workers can work for H1B cap-exempt employers and cap-subject employers simultaneously. They may remain as an employee under the cap-subject employer even though they leave the cap-exempt employer. H1B workers cannot extend their H1B concurrent job unless the cap-exempt employer is their primary H1B employer.

20. What are the requirements for Concurrent H1B?

The Concurrent H1B requirements are similar to that of the original H1B. To obtain a Concurrent H1B, employers must demonstrate that:

  • The job position requires theoretical and applied knowledge exclusively obtained through education from an institute of higher learning.
  • The position requires a specific academic course directly related to the job.
  • The employee has a bachelor's, master's, or higher degree in the specific activity.

Please visit the TechFetch H1B website to know more about US non-immigration visa processes.

**Disclaimer: All US immigration policies and procedures are subject to change. Kindly refer the the USCIS official website for the latest updates.**

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Article by Techfetch H1B team

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