Multiple Employers
Holding Multiple H1B Visas with Different H1B Employers
In order for an H1B visa holder to work for more than one employer, each employer must file his or her own separate petition with the immigration service center that has jurisdiction over the area where the visa holder will be working. While the Department of Labor used to recognize joint employer situations wherein the H1B visa holder had multiple employers, such is not the case under USCIS. Each position that the H1B visa holder performs must fall into the categorical lineup established for the H1B visa.
In cases where there are multiple employers who share responsibilities for the employee, either one employer designates himself or herself as the employer or each employer must file their own petition.
If both employers file their own petition, it will give the employee greater freedom to go back and forth between employers, take leaves of absence to work primarily for one employer or the other or permanently move from one employer to the other without having to apply for a new H1B visa.
If an employee stops working for the petitioning employer, the petitioner is supposed to notify USCIS as soon as the employment ends. This may result in a revocation of the H1B visa as it applies to the employer for whom the employee is no longer working.
Immigration Lawyer Assistance with H1-b petition processing
If you would like more information on the filing multiple H1b petition from several employers, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney. Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week. Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.
Immigration Lawyers, Los Angeles
I was caught in the usa being illegal, but no criminal charges were filed. I decided for a voluntary deportation. It has been more than 14 years ago. In this moment I have a usa’company that want to sponsor me for H1b Visa so, will it affect and influence my H1b Visa application?.
Dear Carlos,
I do not believe you can be sponsored for H1b. H1b is a nonimmigrant visa and it requires that you maintain your status. Not only are you currently out of status, failure to depart the US after the grant of voluntary departure also means that you have a deportation order on you. The only option is to marry a US citizen and file a motion to reopen the current deportation order before any immigration benefits can be obtained.
Hello-
I have two companies that are willing to sponsor H1B for two different positions. Company A is willing to file by April 1st 2012, but company B can only apply until I get my Master’s degree in August 2012 (the job in Company A only requires a Bachelor’s degree). I would like to hold both jobs, but intend to primarily work with Company B in the future. Is that permissible?
Thank you,
Ranti
Dear Sir,
Currently I am employed in company A in which they will be filing for NEW H1B in regular during april-May time frame. Meanwhile I got an job offer from US based Company(B) through referral . Now the new company B says they will file H1B in the premium processing at April first week.
I would like to know filing two new H1B petition for me from two different employer is legal?
Dear Ranti,
Both employers may submit a petition for H1b status for you. If both are approved, you can choose either one to join.
Jack
Dear Jey,
Please refer to my answer for Ranti above. You two have the same exact questions.
Jack
Dear Jack,
Do we have to disclose to the sponsors that we are applying multiple H1Bs.
Thanks,
Prakash
Hi Prakash,
No you do not have to disclose to the sponsor (I assume you meant the petitioner) about your other H1bs.
Hello,
Currently I’m working for a company A on H1B visa status. They already applied for my H1B extension as its gonna expire this August. I just got an offer from company B that’s willing to sponsor my green card. If I want to move to company B, legally they need to do H-1B transfer. USCIS web site shows that multiple H!B petitions are not permitted from the same employer. In this case, it will be multiple petitions from different employers. I’m just wondering if I can go ahead and ask Company B to transfer my visa.
Your input definitely helps!!
Thanks,
Darci
Dear Darci,
You have multiple employers, not multiple petitions by the same employer. Therefore, you are not in violation of the law.
I currently work as a credit analyst under F-1 opt status and my employer filed for my H-1B visa this month and becomes effective in december. I already have an MBA and working towards my CPA certification (plan to obtain it in march 2013). How long do I have to wait to apply for permanent residence and how difficult is it with for someone with my qualifications?
Hi Andres,
Your employer can start your green card application any time. If you have a college degree only, it will be an EB-3 petition. If you have a Master’s degree, it will be an EB-2 petition. CPA license only helps you receive a higher wage but in my opinion does not have much impact on your green card application.