Hi johngalt74,
"My question is can i work for company A on part time basis while
working fulltime with company B ?"
Yes, sure, it is fine to hold a concurrent part-time job, but you will
need a new full-time H1B for Company B and an amended part-time H1B
for Company A (see Form I-539 below for changing to part-time). Given
that you will begin working for Company B on Company A's H1B (only
after the "Receipt Notice" of Company B's H1B application has
arrived), you will need to wait for Company B's H1B approval before
filing to change Company A's H1B (I hope that is clear!).
The ABC?s of Immigration: The H-1B Visa
by Gregory Siskind
What about the case where an employee accepts a job with a second
employer without giving up the first position?
"There is no legal reason why this cannot take place. An H-1B worker
can work for several employers simultaneously if desired. However,
each employer must have a separate approval for the worker to work
there..."
"There are many times when a change in the nature of one's employment
will trigger the need to file either an amendment to an H-1B petition
or a completely new petition. USCIS position is that if the change in
employment is "material" then an amendment must be filed. So, for
example, if there is a significant change in job duties, then a new
petition will probably be necessary..."
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web685.pdf
"According to immigration law which went into effect October 17, 2000,
you may begin working as soon as your new employer files the H-1B
petition with the USCIS. You do not need to wait for the petition to
be approved. This is only true for change of H-1B employer. Remember,
for change of STATUS to H-1B, you must wait for the approval notice."
http://www.umich.edu/~icenter/intlstudents/employ/H1-BFAQ.html
"I am a full-time employee of company 'A' and I got a full-time job
offer at company 'B'. Can I work for company 'A' on part-time and
Company 'B' full-time?
"Yes, but you will need to file new H-1Bs for company 'A' and company
'B', because if the old H-1B were approved for full time employment,
the change to part-time requires a new H-1, UNLESS the old H-1
(Company A) was for a range of hours (10-40 hrs./week)."
http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm
"If you plan to work for multiple employer(either full time or part
time), each employer must file separate H1B petition."
http://www.immihelp.com/visas/h1b/
Instructions for Form I-539, Application To Extend/Change Nonimmigrant Status
http://uscis.gov/graphics/formsfee/forms/files/i-539.pdf
Form I-539, Application To Extend/Change Nonimmigrant Status Fillable Form
http://www.uscis.gov/graphics/formsfee/forms/i-539.htm
I was glad to work on this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.
Thank you,
hummer
Google Search Terms Used: h1b multiple employers full part time
concurrent company a b |
