Santa Clara, CA asked in Employment Law and Immigration Law for Arkansas

Q: question on concurrent H1-B which is working for multiple employers.

Hello, currently I have a job with employer A which is full time who holds my H1-B and Green card process. Now I have a job offer from another employer B which is remote work which i can work from a place where i have employer A. So can I file H1-B with employer B and once it is approved, can i work with both employers?

secondly, Do i need to inform with employer A that I am working with employer B? Will that cause a problem if i dont inform employer A.

Also do i need to request employer B to file my H1-B as transfer or new H1-B. If transfer will my first h1-b will be cancellled or notified to my employer A?

Can you please explain in detail how this can be handled and what are the steps i need to take to hold the both the jobs with out any legal problems?

2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: No attorney can explain in detail how the situation works. That will likely take a paid appointment. What we can state is that you cannot work full time for two employers. In addition, if employer B files an H1b for you, you will likely have to work for employer B, only. Also, if the new job is not substantially similar to the old job, then you can't work until the H-1b visa change of status/employers is approved.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who can spend enough time discussing this matter, so that you can take 'accurate notes' and decide what is best. If you are not working at the employer's physical office, then this may eventually create complications with any future labor certification and adjustment of status, when seeking a green card (referred to as "lawful permanent resident status").

The above is general information, not legal advice, and does not create an attorney client relationship.

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Employer B can file an H-1B petition on your behalf. When it is approved, you can work concurrently for both employers.

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