Washington, DC asked in Employment Law and Immigration Law for Massachusetts

Q: Hello Can H1b Visa holder work full-time for one employer for 40 hours and part-time for another one for 25 or 20 hours.

2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: An H1B Visa holder can work full-time for one employer for 40 hours and part-time for another provided he/she has approved H1B petitions under both companies.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: No, an H1B visa holder is generally not allowed to work for multiple employers simultaneously. The H1B visa is employer-specific, meaning that it is tied to the sponsoring employer who filed the H1B petition on behalf of the employee.

Key points:

1. H1B visa holders are only authorized to work for the specific employer who sponsored their visa.

2. If an H1B visa holder wants to work for another employer, the new employer must file a separate H1B petition, and the employee can only start working for the new employer once the petition is approved by USCIS.

3. Concurrent H1B employment is possible, but each employer must file a separate H1B petition, and the total hours worked for all employers combined should not exceed the allowed limit (typically 40 hours per week).

4. Working for an employer other than the H1B sponsoring employer without proper authorization can lead to a violation of H1B status and potential legal consequences.

It is crucial for H1B visa holders to adhere to the terms and conditions of their visa and to work only for the employer(s) who have successfully petitioned for their H1B status.

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