It is critical to ensure that the H-4 and H-4 EAD applications are well-prepared and documented to avoid separation of the cases due to an RFE. Please note that the PL 114-113 fee is in addition to: You must pay the additional $4,500 fee if all of the following apply to you: We are in the process of revising Forms I-129 and I-129S. If the H-1B alien beneficiary has ceased to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary. USCIS to Reinstate Policy Allowing Concurrent Approval of H-1B and H-4 But if your case is outside of the estimated processing time, the employer can call USCIS at 800-375-5283 or use the link on the processing times page to place a service request. You will find the following topics in this blog: One of the biggest advantages of an H1B visa is that it allows be employed under several employers as long as the additional employer is willing to file the H1B petition. Concurrent employment is possible for H1B visa holders in the US. We will reject any unsigned form. H-1B extension requests filed by the same petitioner for the same employee. Review our. c. If USCIS determines that an H-1B alien beneficiary has ceased to be employed in a cap-exempt position after a new cap-subject H-1B petition has been approved on his or her behalf, USCIS will deny any subsequent cap-subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap numbers are available. The words H-1B transfer is misleading. Must Employer B file a new or amended petition to accommodate this situation? H-1B Specialty Occupations, DOD Cooperative Research and - USCIS Documentary evidence, such as a current letter of employment or a recent pay stub, should be provided in support of such a concurrent employment petition at the time that it is filed with USCIS in order to confirm that the H-1B alien beneficiary is still employed in a cap-exempt position. If you are required to pay the PL 114-113 fee, you should include the additional $4,500 fee in a separate check made payable to the Department of Homeland Security. You employ 50 or more employees in the United States; More than half of your employees in the United States are in H-1B, L-1A, or L-1B nonimmigrant status; You filed your H-1B petition with a postmark date of Dec. 18, 2015 or later (or if you sent it by courier services, the courier picked up your H-1B packet on Dec. 18, 2015, or later); and, Seek initial H-1B nonimmigrant status for an noncitizen, or. Required fields are marked *. Possible if the petition is filed accordingly. Alert:As of Aug. 11, 2022, we no longer require petitionersto submit a duplicate copy of Form I-129, Petition for a Nonimmigrant Worker, or a duplicate copy of any of the supporting documentation, unless we specifically ask you to do so. October 22, 2020 How to Work for Multiple H1B Employers: Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer (s) are willing to file a petition for a "Concurrent H1B." Therefore, there is no need for Employer B to file a new or amended petition. Petitioners use this form to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. As of 2023, this is either the Vermont Service Center, the California Service Center, or the Texas Service Center, depending on where your employer's office is located, which center serves that geographic region, and which type of H-1B petition the employer is submitting, for instance change of employer, extension of status with no changes, or cap-exempt employer. The first three letters of the receipt number indicate the service center where your application was filed. Foreign nationals who are maintaining valid H1B status can have a Concurrent H1B petition filed on their behalf by a new employer so that the H1B holder can work for more than one employer at the same time. with the USCIS. Or can "Employer A" amend the existing H1B I have with them to classify it as concurrent H1B by selecting the "New Concurrent Employment" option in the I-129 form? How will you know which service center to select? Just be honest and you will have no issues. Article: Exploring the Concurrent H-1B Visa: A Guide to - Forums L-1A or L-1B extension requests filed by the same petitioner for the same employee, The Fraud Prevention and Detection fee; and, The premium processing fee, if applicable.Top. Multiple H1B Jobs at Same Time In Different Fields (Concurrent H1B) Any number of US employers can go through the H1B visa process to recruit a migrant under . An H1B petition filed on behalf of a foreign national working in the U.S. under an H1B, seeking authorization to allow him to be employed in another job. Petitioners use this form to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. However, the H1B worker should be careful to show that he or she is not working too many hours and is maintaining valid H1B status at all times. But some H-1B petitions are not subject to the annual limit, in which case you might need premium processing or be concerned about when USCIS will approve the petition. Court Upholds Mandate for New H-1B Petitions After Worker Moves Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. All petitioners requesting an extension of stay for a beneficiary who entered the United States based on an approved blanket L petition must file the following: We may reject any Form I-129 for an L-1 blanket extension of stay request that does not also include Form I-129S. Employment gap with concurrent employment is ok as long as you are working FT with the primary employer. If so, should "Employer A" revoke my H1B on Dec 30th and then process a new H1B concurrent petition? We expect announcement by USCIS and we anticipate that they will amend their procedure on an ongoing policy well beyond the 2-year settlement period. Can Same H1B employer file for concurrent H1B - AM22Tech Forum Once you have checked your current case status, you can get a sense of how it will progress by using the USCIS Processing Times Information website. Concurrent H1B stamping, extension, and transfer An Introduction to the Concurrent H1B Visa After several years in the planning, USCIS began implementing a new, pre-filing registration system in 2020. When you moved from Company A to Company B and if Company A still wants to retain you and is willing to change your position from full-time to part-time, did you end up filing concurrent employment or amended petition? This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. An earlier H-1B approval, even by the same employer, should never lead to complacency when extending status. If the H-1B alien beneficiary has not "ceased" to be employed in a cap-exempt position pursuant to INA 214 (g) (5) (A) and (B), then he or she will not be counted towards the cap. ? Concurrent H1B VISA questions: - I-94 Cards - Murthy Law Firm The Concurrent H1B - How to Work for Multiple H1B Employers - VisaPro The information you get from the processing times website is USCIS's best guess based on its most recent data. Second Concurrent H-1B Visa: Two Jobs and Allowed/Prohibited Activities An H-1B visa holder is allowed to work only for the employer that sponsored their H-1B visa. H1B Concurrent and Green Card Impact By Chandra Raju, May 2, 2018 in H1B : General Followers 0 I had pay stubs from both employers for a period of 5 months (One employer has H1B approval, The other has concurrent receipt). We will reject or deny your petition if you do not complete this part of the form or if you do not include the fee when required. Step 3: The employee can take up full-time or part-time jobs for a single or multiple employers as long as each job position qualifies as an H1B specialty occupation. We've helped 85 clients find attorneys today. You will need to know the USCIS office where the form is being reviewed. As the H1B holder, you must have: On the other hand, your employer must also demonstrate that: The Concurrent H1B may be new to you. This typically starts in April and lasts 90 days. H-1B nonimmigrant category workers may be employed by several employers concurrently, e.g., a Systems Analyst employed by one company who also does consulting work for another company. Many Benefits of the Concurrent H1B | Raju Law You need to go through the H1B quota at least once if you're applying through lottery. So many people want H-1B status in most years that there's a lottery just to be selected to apply. Under a USCIS memorandum, an individual holding an H1B cap-exempt status may obtain approval of a cap-subject H1B petition if it is filed for concurrent employment. Concurrent H1-B Petition : r/h1b - Reddit Questions on Concurrent H1B - H1B : General - Murthy Law Firm Please refer to the official USCIS website for the latest updates. The Concurrent H1B - How To Work For Multiple H1B Employers - LinkedIn Employers who received funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding) are no longer required to answer question 1d in Part A of the H-1B Data Collection and Filing Fee Exemption Supplement. The beneficiary elects to work for Employer A. Do Not Sell or Share My Personal Information. What happens when two employers file H-1B petitions for the same candidate, the candidate elects to work for one employer, but then changes his mind and commences work for the second employer? All rights reserved. | 2014-2021 All Rights Reserved. In this situation, you can retain your H1B status and continue being employed under your H1B concurrent employer. We will reject or deny your petition if you do not complete this part of the form or if you do not include the fee when required. At the time of filing of a concurrent employment H-1B petition that is subject to the numerical limitation of 214 (g) (1) (a): a. Need Immigration Help? San Francisco, CA OfficeAddress details and contact form. Conclusion/Further USCIS Guidance Anticipated. (Be sure to review these details for correct information as well as spelling.). While on a 2nd concurrent H-1B visa, you may not: The Concurrent H1B requirements are similar to those of a regular H1B petition. There also is a section on "When can I ask about my case," which is explained below, for when your petition is beyond the processing time range. Sign-up to get the latest news and updates. This allowed a fair amount of predictability as far as the timing of H-4/EAD renewals is concerned as H-4 spouses knew that they can secure renewal in as little as a few weeks and to ensure uninterrupted work authorization. Concurrent H1B - Tracy Immigration in California Obtain authorization for an L-1A or L-B worker to change employers. 1. An H1B petition filed on behalf of a foreign national working in the U.S. under an H1B, seeking authorization to allow him to be employed in another job concurrent with his current H1B employment, is commonly referred to as "Concurrent H1B.". You will be denied a concurrent H1B visa if either of your jobs with employer A or employer B does not qualify. USCIS sends no notice to the primary employer about your concurrent H1B application. Practice Pointer: Concurrent H-1B Employment Frequently Asked Questions File your petitionsfor employment or services in the CNMI, regardless of classification,with the California Service Center. The policy was changed in 2019 where I-539 and I-765 were unbundled even if they were filed concurrently with an I-129 petition and due to the increasing processing times, many H-4/L-2 spouses found themselves waiting for 6-12 (sometimes more) months for H-4 EAD approval and this meant that they had to stop working temporarily or altogether lose their jobs. Then, from the Field Office or Service Center dropdown menu, select the Service Center handling your petition. H-1B Visa Attorney Fee Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for a noncitizen. There is no statutory limit on how many Concurrent H1Bs an individual can hold simultaneously. Can my employer who holds my primary H1B convert me to a - Avvo.com Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a "Concurrent H1B.". a) Do i need to submit copy of concurrent H1B petition while applying extension through Company A i.e Primary H1B. Dont forget to sign your form. Job verification letter from each employer. We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the "regular cap") or the advanced degree exemption. The Concurrent H1B petition must meet all the requirements of regular H1B petition. In some states, the information on this website may be considered a lawyer referral service. USCIS is expected to announce more details on the implementation of this settlement and we will publish them here as soon as they are available stay tuned. When AC21 became law, labor certifications were valid indefinitely. 2nd Concurrent H-1B Visa - Immigration Solutions