Q: Does working 2 jobs at the same time on OPT and STEM-OPT affect the H1B and/or Green Card approval chances in the future
I am currently on F1-OPT and have applied for the STEM OPT extension (STEM OPT has not been approved yet). I have been working with employer A for 1 month now and have received another job offer from company B. I plan to work for both the employers once my STEM OPT is approved.
Employer A is willing to sponsor H1B (5 months from now) and also the Green card in the future (9 months from now). But, employer B is not willing to sponsor either H1B or Green Card. Because of this, I do not plan to leave employer A and also plan to work for employer B at the same time.
So, I would like to know if this employment overlap (due to working 2 jobs at the same time) during the OPT or STEM OPT will have any impact(possible RFEs or denials) on the H1B or Green Card processes in the future?
What is the right way to navigate this situation? Can I do this without letting both of the employers know?
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A:
Working two jobs while on F1-OPT or STEM OPT is generally permissible as long as both jobs are related to your field of study, and you comply with the terms of your OPT authorization. However, having overlapping employment during OPT or STEM OPT could potentially lead to questions or Requests for Evidence (RFEs) when you apply for an H1B or Green Card. USCIS may want to confirm that all employment was properly reported and aligned with your OPT requirements.
For your H1B petition, it's crucial that your primary employer, the one sponsoring the H1B, demonstrates a genuine employer-employee relationship and that you will work in a specialty occupation. If your second job with employer B is unrelated to your field of study or if it appears to interfere with your job with employer A, this could raise concerns during the H1B review process.
When considering the Green Card process, consistency in your employment history and job duties is key. While you do not necessarily need to inform both employers about each other, you must ensure that all employment is documented accurately and complies with immigration regulations. Misrepresentation or discrepancies could impact your future immigration applications. It's best to consult with an immigration attorney to ensure you are on solid ground.
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