Work VisaApr 28, 2020
Human LongevityJcPW04

Working for two companies simultaneously on H1B visa

I am on H1B visa and will join a new employer on receipt notice. What are the consequences if I keep working for my current employer for some time while starting working for a new employer? Will a record of having two full-time jobs for a certain period of time affect me somehow from USCIS or other points of view? My current employer still has some work that I can help on and I think I can manage both workloads in the current WFH arrangement. Thanks! ---------------------------------------------------------------------- Edit: Many thanks for all the comments. I asked a few lawyers and the short answer is “no”. In order to work full-time for two employers simultaneously, the second petition has to be filed as “new concurrent employment” (see page 2 of I-129), possibly with justifications of the schedules, etc. If it is simply filed as “change of employer”, as is typically the case, one has to terminate the employment relationship with the current employer before joining the second one. In this case, however, one can switch the current employment to part-time, and file an amendment with USCIS, after which the person may be able to work for both companies. #workvisa #h1b

Publishers Clearing House Lazyboi Apr 28, 2020

Breach of H1B, you will not realize it now but when you go for your Green Card interview, they will reject your application. And ban you for 10 years from entry. Goes without saying, you will be deported post in person interview.

eBay time2chnge Apr 28, 2020

They ask for dates for all employment for H1-b renewals, transfers, GC and citizenship. Are you willing to gamble all of it for few thousands just because everyone is wfh and no one will notice?

Human Longevity JcPW04 OP Apr 28, 2020

Are you sure working for two employers are legally not allowed under H1B?

New
saitama800 Apr 28, 2020

Following. In another scenario, can you act as a "consultant" to your original company and still work and take paychecks for some time?

Human Longevity JcPW04 OP Apr 28, 2020

It's not just about money. Another reasoning is to maintain the H1B status with my current employer for longer. If one's change-of-employer petition gets denied, the days of one's being out-of-status would start counting from the day when the previous employment was terminated (plus the grace period). Since there's no premium processing now, maintaining such status may offer some advantage.

Verizon tuckfrump Apr 28, 2020

Yeah I think you can do it. While your second H1B is yet to be approved you’re technically working on a single H1B.

eBay time2chnge Apr 28, 2020

Thats a risk you are taking in moving on receipt. Only way to mitigate is to wait for actual approval and then move. Once you start at new employer, old employer relation is automatically considered to be cut off and you are employee of new company in the eyes of USCIS and any additional work at previous company is illegal. Consult an attorney and spend an hour to get more details before you get into legal troubles. Blind should not be your source for immigration advice

Verizon tuckfrump Apr 28, 2020

I think legally you can totally do it. You’ve two H1Bs for two employers and also you’re paying taxes on both those incomes. I do not see a reason why it’s a breach.

eBay time2chnge Apr 28, 2020

No he doesnt have 2 H1B. Just one which he transferred over.

Roku it’s ok Apr 28, 2020

Agree. It’s totally legal to work for multiple employers as long as you have valid H1B for both. The people who are saying it’s illegal are ignorant.

eBay time2chnge Apr 28, 2020

Yes provided you have two separate H1B petition from both employer. That is not the case here

Roku it’s ok Apr 28, 2020

With a receipt, the individual is allowed to work for the new employer legally.

EATON pdEs13 Apr 28, 2020

You should talk to an immigration lawyer dude.

Human Longevity JcPW04 OP Apr 28, 2020

Any non-legal consequences or implications one should know about?

Credit Karma tJDR12 Apr 28, 2020

If both companies are unhappy with the arrangement they could fire you.

Microsoft ThankU! Apr 28, 2020

Not a lawyer legal to work. But most companies have exclusivity clause, one cannot work for Microsoft & Expedia simultaneously. That would be an easy termination task for HR

Human Longevity JcPW04 OP Apr 28, 2020

Thank you. In my case the two companies are not related.

Microsoft ThankU! Apr 28, 2020

Run through respective legal groups to be clear. Then you are good

International Software Systems, Rocky01 Apr 28, 2020

You can file for part time H1B and continue working with both companies. But check with a lawyer and both the companies if they are okay with you doing that. Else it's a breach of H1B norms..

Pearson lNPU43 Apr 28, 2020

You will be in deep trouble and it’s illegal, never should have 2 paycheck from diff entities while your are on H1B, stay AWAY!!!