Only your current employer can answer that. As a practical matter, we recommend filing concurrent H-4 and H-4 EAD petitions where available with the underlying I-129 petition especially where the I-129 petition is filed with premium processing. A bachelor's degree, master's degree, or equivalent in the specific industry. 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. See Part 6 of Form I-129: Frequently Asked Questionsfor more information. 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. Anyone with experience in this, could you please provide more information on this. This is called the Concurrent H1B. A 2015 requirement that employers file new paperwork with the government when foreign workers on H-1B visas change locations survived an information technology trade groups federal appeals court challenge. We will count all of your full-time and part-time employees when determining whether you must pay this fee. This page was not helpful because the content: Preparing for Your Biometric Services Appointment, How to Track Delivery of Your Notice or Secure Identity Document (or Card), Identity Verification and the USCIS Immigrant Fee, Tips on Finding Your A-Number and DOS Case ID, Forms Processed at USCIS Lockbox Facilities, Additional Information on Filing a Reduced Fee Request, Lockbox and Service Center Filing Location Updates, Department of State (DS) Forms and Other Non-USCIS Forms, Form I-129, Petition for a Nonimmigrant Worker, Optional Checklist for Form I-129 H-1B Filings, Optional Checklist for Form I-129 H-2A Filings, Optional Checklist for Form I-129 H-2B Filings, Optional Checklist for Form I-129 R-1 Filings (Religious Workers), Dictionary of Occupational Titles (DOT) Codes, Direct Filing Addresses for Form I-129, Petition for Nonimmigrant Worker, Form G-1450, Authorization for Credit Card Transactions, See Part 6 of Form I-129: Frequently Asked Questions, Temporary (Nonimmigrant) Workers - General Information, H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker, Part 6 of Form I-129: Frequently Asked Questions, I-907, Request for Premium Processing Service, Filing Multiple L-1 Intracompany Transferee Petitions Related to the Same Project, Immigrant Visa Petitions Returned by the State Department Consular Offices, Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. This article provides a detailed overview of the process, requirements, and key considerations for H-1B employees and employers seeking concurrent employment. ? Obtain authorization for an H-1B worker to change employers. Sign-up to get the latest news and updates. Demonstrating an existing employee-employer relationship is mandatory for getting a Concurrent H1B. New H-1B Visa, Cap Exempt We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. It is not a form you fill out - it is issued to communicate the approval or receipt of your H1B application or petition. Form I-129, Petition for a Nonimmigrant Worker;and. While on a 2nd concurrent H-1B visa, you may not: The Concurrent H1B requirements are similar to those of a regular H1B petition. Like the original H1B visa, the Concurrent H1B must also be filed by the employer on behalf of the H1B employee, allowing them to work for more than one employee simultaneously. Company B must check the "New concurrent employment" box on Form I-129. If you are required to pay the PL 114-113 fee, you should include the additional $4,000 fee in a separate check made payable to the Department of Homeland Security. 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. Extension of Stay Requests for Beneficiaries Who Entered the United States Based on an Approved Blanket L Petition. 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. I am already employee of Company A as Full time and i got an offer as part time for Company B. b) while applying I485/I140 (Green Card process), do i need to . Company B can file for Concurrent H1B if your H1B status with Company A is valid. Can one hold a full time H1B and a concurrent H1B at the same time? H1B Concurrent and Green Card Impact - H1B : General - Murthy Law Firm Indeed, Employer B can file an H-1B petition without the consent or even the knowledge of Employer A (current employer). We may reject your entire package if you submit a single, combined payment for multiple forms. In a legal settlement USCIS has agreed to reinstate its procedure to bundle and review concurrently spouses H-4/EAD and L-2/EAD applications when such applications are filed concurrently with an underlying I-129 petition seeking H-1B (or L-1) for the primary worker. Looking for U.S. government information and services? A: Concurrent H-1B employment refers to an H-1B petition filed on behalf of a foreign worker who already holds H-1B status, in order for that worker to be employed by another employer at the same time. 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. Citizenship and Immigration Services (USCIS). Duplicate registrations for the same employee are prohibited. There was a problem with the submission. 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.". Employers Sponsoring or Hiring Immigrant Workers, H-1B Visas for Temporary Specialty Workers, Frequently Asked Questions About H-1B Visas, Family Sponsors Petitioning for Immigrants, Do Not Sell or Share My Personal Information. Does the second employer have to file a new or amended H-1B petition? Your email address will not be published. The introduction of biometrics requirement for H-4 and L-2 applications further added to the major delays. On the processing times web page, first select "I-129," which is the form the employer submits for H-1B petitions. Step 2: Employers must show proof of the employee's bachelor's or master's degree, pay the required fee and maintain an employer-employee relationship. You must follow additional guidance if you are requesting an initial grant of nonimmigrant status in the CNMI. A specific study course that relates directly to that position. Prior to March 2019, USCISs policy was to generally adjudicate I-129 petitions (for H-1 or L-1) at the same time with concurrently-filed I-539 (for H-4 or L-2) and I-765 (for H-4 EAD and L-2 EAD) applications and this policy applied to both regular and premium processing filings. Pay each filing fee separately. You will need approved petition from one employer (primary) and working for that employer in H1B status for the second employer to be able to file concurrent petition. with the USCIS. 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. 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. To help you understand this better, here are the important aspects of Concurrent H1B. USCIS to Reinstate Policy Allowing Concurrent Approval of H-1B and H-4 We have, Copyright | All Rights Reserved | Capitol Immigration Law Group PLLC |, We provide many opportunities for clients and readers to learn about new developments, ask questions or simply comment. Everything You Need to Know 2nd Concurrent H1B Review our. - Legal Answers - Avvo Legal Advice Immigration Advice What is concurrent H1B? The existence of a bonafide employee-employer relationship. Phone: 1.888.USV.ISA1 (or 1.888.878.4721)Phone: 1.415.992.3135 (local). A concurrent H1B is a petition filed on behalf of a non-immigrant worker who wishes to be employed under an additional employer while continuing their work under the current employer. 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. All that matters is that concurrent position is a specialty occupation and that the H1B worker is qualified for the position. The new procedure involves a $10 per-case filing fee for the online registration. But even so, USCIS should make a decision within 15 days after receiving your employer's response to the request. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Therefore, Employer B should have notified the USCIS as soon as it was discovered that the beneficiary was not intending to avail himself or herself of the offer of employment. H-1B Visa Complete Do it Yourself Kit. An earlier H-1B approval, even by the same employer, should never lead to complacency when extending status. This typically starts in April and lasts 90 days. What are the allowed and prohibited jobs under the 2nd concurrent H-1B visa? For more information, please see our Form I-797, Notice of Action, stating we approved the petition; or, A copy of the approved Form I-129S (if applicable). The basic rule under AC21 is that H1B status can be extended in one-year increments if the foreign national is the beneficiary of a labor certification (LC) that was filed with the U.S. Department of Labor (DOL) at least 365 days prior to the extension request. Please do not hesitate tocontact us, schedule aphone consultation, or if we can help with an H-4 EAD application filing (request quote here). The information you get from the processing times website is USCIS's best guess based on its most recent data. Cookie Notice The new employer must file the petition with the USCIS seeking permission for the H1B employee to work in two or more jobs. For example, it might say "2.5 months," which means USCIS will review most petitions within that time. As long as you meet the educational criteria, you can get two concurrent H-1B visas in different fields. Employees of related entities will not count. 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. 20 FAQs On Concurrent H1B - TechFetch H1B Court Upholds Mandate for New H-1B Petitions After Worker Moves There is no statutory limit on how many Concurrent H1Bs an individual can hold simultaneously. In the top left-hand corner of the receipt notice is the case receipt number, which confirms the processing of your case as well as allowing you to track the case through USCIS Case Status Online. Posted July 23, 2018 1. You can find the edition date at the bottom of the page on the form and instructions. All rights reserved. Important Pointers to File a Concurrent H1B. Please contact a professional immigration attorney for legal consultation and service. 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? The fee is in effect until Sept. 30, 2027. The USCIS term is extension of status since transfer of H-1B incorrectly implies only one employer at a time, or that something gets "transferred" (except the employee) from one employer to another. Think about it. Most likely 3 years unless I-129 specifies a shorter duration. You will be in status if you work for any employer with an approved H1 petition and I94. Public Law 114-113 requires certain petitioners to pay an additional fee of $4,000 for certain H1B petitions and to pay an additional fee of $4,500 for certain L-1A and L-1B petitions. Depart the United Statesbefore the expiration date on the family members Form I-94 or the date noted in the family members passport or travel document. 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? In your application, you must also specifically mention if the changes occur because of layoff in your H1B main job or due to Cap Exempt. 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. You must be well-prepared with the documents and other requirements to acquire your Concurrent H1B. For more details and information on H1B or other US non-immigrant visas, visit/follow TechFetch H1B. 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. Concurrent H1B: All The Facts You Need - TechFetch H1B Read Full Article At:https://www.visapro.com/resources/article/concurrent-h1b/, #h1bvisa#h1bvisas#h1bemployer#foreignnational. Therefore, there is no need for Employer B to file a new or amended petition. Since the beneficiary has already been documented to have H-1B level credentials, less extensive documentation may be necessary to establish continuing eligibility in a subsequent H-1B petition. Evidence of Petition Approval Needed When Traveling. 4. What is concurrent H1B? - Legal Answers - Avvo Change of Status Request for Beneficiaries Who are in the United States.