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Friday, April 11, 2014

San Francisco Immigration Lawyer Q & A: Working for Multiple Employers in H-1B status Simultaneously

Question: I am a salaried employee working for Employer A on an H-1B. I currently have offers from 2 different Clients and I wanted to ask if it's legally allowed for me to work for both of these Clients being on H-1B? My employer is fine with it; however he wants me to send him an email stating that I'd like to work for the second Client to gain better experience and better salary compensation. Before I send them an email I wanted to make sure that by doing this, I'm not by any means jeopardizing my status. I'd appreciate if you can answer my above question. Thanks!

Answer: Yes, an H-1B can work (part-time or full-time) for more than one employer, but each must file a petition. See Letter, Bednarz, Chief, NIV Adjudications, CO 214h-C (June 29, 1994), reprinted in 71 No. 27 Interpreter Releases 936, 952 (July 18, 1994); Letter, Gorsky, Acting Chief Advisory Opinions Division, DOS (Apr. 13, 1998), reprinted in 75 No. 17 Interpreter Releases 631, 648 (May 4, 1998).

Further, when H-1B switches to a second company for several months and returns to initial company, the second company needs to file an H-1B but the first company need not file a petition upon the H-1B’s return as the first petition remains valid. See Letter, LaFleur, Chief, Business and Trade Branch, Benefits Division, INS, HQ 70/6.2.8 (Apr. 29, 1996), reprinted in 73 No. 22 Interpreter Releases 764, 774–75 (June 3, 1996); Letter, Hernandez, Director, Business and Trade Services, INS (Apr. 24, 2002), published on AILA InfoNet at Doc. No. 02051432.

Also note there is no set number of hours that beneficiary must work for each employer. Letter, Brown, Acting Chief, Business and Trade Services, Benefits Division, INS, HQ 70/ 6.2.8 (July 18, 1997), reprinted in 74 No. 30 Interpreter Releases 1219, 1232–33 (Aug. 11, 1997).

Please let me know if I may be of further assistance and Good Luck!


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