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  • having two h1b visas & getting paid on them

    hi gurus,
    i have a question
    if someone has an existing h1b visa with a company A
    and company B has applied for h1b visa transfer;

    once the h1b transfer is complete and h1b approval has been received
    by
    company B, can the person work for company B and get paid by the
    company ?
    at the same time, can he continue to work for company A and get paid ?

    so, in summary, the question is
    can a person get paid at the same time from 2 companies having
    individual H1Bs with both of them ?

    your answers are highly appreciated.
    thanks,
    gcSeeker.

  • #2
    having two h1b visas & getting paid on them


    "gcSeeker" <[email protected]> wrote in message
    news:[email protected] om...
    i have a question if someone has an existing h1b visa with a company A and company B has applied for h1b visa transfer; once the h1b transfer is complete and h1b approval has been received by company B, can the person work for company B and get paid by the company ? at the same time, can he continue to work for company A and get paid ? so, in summary, the question is can a person get paid at the same time from 2 companies having individual H1Bs with both of them ?
    Yes. This is known as concurrent H-1B status. The only problem is if you
    do not keep the exact same salary and working conditions (for example,
    percentage time worked) as in the original H-1B petitions. That is, if you
    go from full-time to part-time with company A, company A must file an
    amended H-1B petition to authorize your employment.


    Comment


    • #3
      Can I work for both the old and new employer at the same time?

      thanks for the response.
      i am not talking about concurrent h1-b visas.

      i checked INGO's web page and in the H1B faq, i see that he answered
      the question "Can I work for both the old and new employer at the same time?".
      now the follow up question is,
      at the time of applying for H1B transfer, does company B have to
      apply in certain specific terms ?.
      if i can, can i really work for 80 hours a week and pay taxes for them ?

      also, does company B have to apply for H1B transfer in the same metropolitan
      area as the original H1B from company A ?


      your answers are highly appreciated.
      gcSeeker.



      "Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
      "gcSeeker" <[email protected]> wrote in message news:[email protected] om...
      i have a question if someone has an existing h1b visa with a company A and company B has applied for h1b visa transfer; once the h1b transfer is complete and h1b approval has been received by company B, can the person work for company B and get paid by the company ? at the same time, can he continue to work for company A and get paid ? so, in summary, the question is can a person get paid at the same time from 2 companies having individual H1Bs with both of them ?
      Yes. This is known as concurrent H-1B status. The only problem is if you do not keep the exact same salary and working conditions (for example, percentage time worked) as in the original H-1B petitions. That is, if you go from full-time to part-time with company A, company A must file an amended H-1B petition to authorize your employment.

      Comment


      • #4
        Can I work for both the old and new employer at the same time?

        Actually, you were talking about concurrent H-1B "visas" (actually,
        concurrent petitions would be the proper term). You were asking about
        somebody getting two H-1Bs and getting paid by two companies. That's
        exactly what a concurrent H-1B is (you cannot actually have concurrent
        *visas* nor two statii concurrently, but that's not a problem as the visa
        and status are both just yours and have nothing to do with the employer.
        You merely must have one or more actual H-1B employers).

        Company A and company B both would apply for the H-1B separately. These
        are really completely independent petitions; they can be in the same city,
        in different cities, and even for completely different jobs as long as you
        are qualified for both. For instance, you can get an H-1B as a chemical
        engineer in Los Angeles and another one as elementary school teacher in
        New York, and it would be perfectly legal to work in both jobs at the same
        time (although obviously not practical in this contrieved example). And,
        yes, it is legal to work full time for both employers if you don't mind
        dying of a heart attack first ;-)

        Of course, you would need to have teaching credentials and a degree in
        chemical engineering to do something like that.

        On Wed, 12 Nov 2003 16:29:12 -0800, gcSeeker wrote:
        thanks for the response. i am not talking about concurrent h1-b visas. i checked INGO's web page and in the H1B faq, i see that he answered the question "Can I work for both the old and new employer at the same time?". now the follow up question is, at the time of applying for H1B transfer, does company B have to apply in certain specific terms ?. if i can, can i really work for 80 hours a week and pay taxes for them ? also, does company B have to apply for H1B transfer in the same metropolitan area as the original H1B from company A ? your answers are highly appreciated. gcSeeker. "Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
        "gcSeeker" <[email protected]> wrote in message news:[email protected] om...
        i have a question if someone has an existing h1b visa with a company A and company B has applied for h1b visa transfer; once the h1b transfer is complete and h1b approval has been received by company B, can the person work for company B and get paid by the company ? at the same time, can he continue to work for company A and get paid ? so, in summary, the question is can a person get paid at the same time from 2 companies having individual H1Bs with both of them ?
        Yes. This is known as concurrent H-1B status. The only problem is if you do not keep the exact same salary and working conditions (for example, percentage time worked) as in the original H-1B petitions. That is, if you go from full-time to part-time with company A, company A must file an amended H-1B petition to authorize your employment.
        --
        Remember, I am strictly a layperson without any legal training. I encourage
        everybody to seek competent legal counsel rather than relying on usenet
        newsgroups.

        Please support H.R. 539, H.R. 832 and S. 1510. More information at
        http://www.kkeane.com/lobbyspousal-faq.shtml

        Please visit my new FAQ at http://www.kkeane.com (always under construction)

        My email address in usenet posts is now invalid for spam protection. See
        my Web site for information on how to contact me.

        Please feel free to enjoy some of my photographs at my Web site
        http://www.ingopakleppa.com ! Comments are welcome.

        Comment


        • #5
          Can I work for both the old and new employer at the same time?

          hi Ingo,
          thanks for your quick response.
          currently, in my case; company B is transfering my H1B visa
          originally issued
          with company A. the transfer is complete and company B received the
          approval.

          so, as your H1B FAQ says, can i work for these two companies at the
          same time ?
          does working for company B, nullify my H1B with company A ?

          the H1B transfer which company B has filed, was it supposed to be
          filed in
          the same metropolitan area as the one i am currently working (at
          company A) ?

          the reason, i am asking these questions again, is that they are not
          independent petitions. the second one is a transfer from the first one
          ?

          your answers are highly appreciated.
          gcSeeker

          Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
          Actually, you were talking about concurrent H-1B "visas" (actually, concurrent petitions would be the proper term). You were asking about somebody getting two H-1Bs and getting paid by two companies. That's exactly what a concurrent H-1B is (you cannot actually have concurrent *visas* nor two statii concurrently, but that's not a problem as the visa and status are both just yours and have nothing to do with the employer. You merely must have one or more actual H-1B employers). Company A and company B both would apply for the H-1B separately. These are really completely independent petitions; they can be in the same city, in different cities, and even for completely different jobs as long as you are qualified for both. For instance, you can get an H-1B as a chemical engineer in Los Angeles and another one as elementary school teacher in New York, and it would be perfectly legal to work in both jobs at the same time (although obviously not practical in this contrieved example). And, yes, it is legal to work full time for both employers if you don't mind dying of a heart attack first ;-) Of course, you would need to have teaching credentials and a degree in chemical engineering to do something like that. On Wed, 12 Nov 2003 16:29:12 -0800, gcSeeker wrote:
          thanks for the response. i am not talking about concurrent h1-b visas. i checked INGO's web page and in the H1B faq, i see that he answered the question "Can I work for both the old and new employer at the same time?". now the follow up question is, at the time of applying for H1B transfer, does company B have to apply in certain specific terms ?. if i can, can i really work for 80 hours a week and pay taxes for them ? also, does company B have to apply for H1B transfer in the same metropolitan area as the original H1B from company A ? your answers are highly appreciated. gcSeeker. "Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
          "gcSeeker" <[email protected]> wrote in message news:[email protected] om... > i have a question > if someone has an existing h1b visa with a company A and company B > has applied for h1b visa transfer; > > once the h1b transfer is complete and h1b approval has been received > by company B, can the person work for company B and get paid by the > company ? > at the same time, can he continue to work for company A and get paid > ? > > so, in summary, the question is > can a person get paid at the same time from 2 companies having > individual H1Bs with both of them ? Yes. This is known as concurrent H-1B status. The only problem is if you do not keep the exact same salary and working conditions (for example, percentage time worked) as in the original H-1B petitions. That is, if you go from full-time to part-time with company A, company A must file an amended H-1B petition to authorize your employment.
          -- Remember, I am strictly a layperson without any legal training. I encourage everybody to seek competent legal counsel rather than relying on usenet newsgroups. Please support H.R. 539, H.R. 832 and S. 1510. More information at http://www.kkeane.com/lobbyspousal-faq.shtml Please visit my new FAQ at http://www.kkeane.com (always under construction) My email address in usenet posts is now invalid for spam protection. See my Web site for information on how to contact me. Please feel free to enjoy some of my photographs at my Web site http://www.ingopakleppa.com ! Comments are welcome.

          Comment


          • #6
            Can I work for both the old and new employer at the same time?



            "gcSeeker" <[email protected]> wrote in message
            news:[email protected] om...
            currently, in my case; company B is transfering my H1B visa originally
            issued
            with company A. the transfer is complete and company B received the approval.
            Even though company B's H-1B petition probably asked for a change of
            employer, and not concurrent employment, you can act as if the two H-1B
            petitions are concurrent.
            so, as your H1B FAQ says, can i work for these two companies at the same time ? does working for company B, nullify my H1B with company A ?
            No, not in itself. Only your noncompliance with the terms of company B's
            petition or company A's petition will cause a violation.
            the H1B transfer which company B has filed, was it supposed to be filed in the same metropolitan area as the one i am currently working (at company A) ?
            You must have a proper LCA filed for each location in which you will spend
            more than 30 workdays in a one-year period. If USCIS looks at your
            situation, for example at the time you ask for permanent resident status,
            and notices that you have concurrent full-time H-1B petitions with LCAs for
            different cities which are not in commuting distance of one another, I think
            there will be a problem.
            the reason, i am asking these questions again, is that they are not independent petitions. the second one is a transfer from the first one?
            They can act as concurrent petitions, as long as you follow the terms and
            conditions, including the hours worked and the salary, exactly.

            If there is any chance that you cannot follow these terms and conditions
            exactly, the relevant company must file an amended petition to reflect the
            terms and conditions under which you are actually employed with that
            company.
            Ingo Pakleppa - see web site for email <[email protected]> wrote in message
            news:<[email protected]>. ..
            Actually, you were talking about concurrent H-1B "visas" (actually, concurrent petitions would be the proper term). You were asking about somebody getting two H-1Bs and getting paid by two companies. That's exactly what a concurrent H-1B is (you cannot actually have concurrent *visas* nor two statii concurrently, but that's not a problem as the
            visa
            and status are both just yours and have nothing to do with the employer. You merely must have one or more actual H-1B employers). Company A and company B both would apply for the H-1B separately. These are really completely independent petitions; they can be in the same
            city,
            in different cities, and even for completely different jobs as long as
            you
            are qualified for both. For instance, you can get an H-1B as a chemical engineer in Los Angeles and another one as elementary school teacher in New York, and it would be perfectly legal to work in both jobs at the
            same
            time (although obviously not practical in this contrieved example). And, yes, it is legal to work full time for both employers if you don't mind dying of a heart attack first ;-) Of course, you would need to have teaching credentials and a degree in chemical engineering to do something like that. On Wed, 12 Nov 2003 16:29:12 -0800, gcSeeker wrote:
            thanks for the response. i am not talking about concurrent h1-b visas. i checked INGO's web page and in the H1B faq, i see that he answered
            the
            question "Can I work for both the old and new employer at the same time?". now the follow up question is, at the time of applying for H1B transfer, does company B have to apply in certain specific terms ?. if i can, can i really work for 80 hours a week and pay taxes for
            them?
            also, does company B have to apply for H1B transfer in the same metropolitan area as the original H1B from company A ?
            "Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
            > "gcSeeker" <[email protected]> wrote in message> news:[email protected] om...>> > i have a question> > if someone has an existing h1b visa with a company A and company B> > has applied for h1b visa transfer;> >> > once the h1b transfer is complete and h1b approval has been
            received
            > > by company B, can the person work for company B and get paid by the> > company ?> > at the same time, can he continue to work for company A and get
            paid ?
            > >> > so, in summary, the question is> > can a person get paid at the same time from 2 companies having> > individual H1Bs with both of them ?
            > Yes. This is known as concurrent H-1B status. The only problem is
            if
            > you do not keep the exact same salary and working conditions (for> example, percentage time worked) as in the original H-1B petitions.> That is, if you go from full-time to part-time with company A,
            company
            > A must file an amended H-1B petition to authorize your employment.


            Comment


            • #7
              Per Murthy.com u need to check a box in I129

              murthy.com clearly says that u can only work for 2 employers at the same time only when during ur h1b transfer u check a certain box for "concurrent employment" on I129. If u donot do so (which is generally the case in H1b transfers) ur latest approval takes precedence and u CANNOT continue working for the previuos employer...

              this is my understanding and i am seeking posts from people whose experience proves the above wrong... coz that's what I hope for .. do let me know if anyone has worked at 2 jobs at the same time without having checked the "concurrent" option in I129. will it be a problem for h1b extension or GC??? inputs highly appreciated...

              Comment


              • #8
                need help on working two jobs at same time on two different h1 transfer's

                Originally posted by ashoopar1 View Post
                murthy.com clearly says that u can only work for 2 employers at the same time only when during ur h1b transfer u check a certain box for "concurrent employment" on I129. If u donot do so (which is generally the case in H1b transfers) ur latest approval takes precedence and u CANNOT continue working for the previuos employer...

                this is my understanding and i am seeking posts from people whose experience proves the above wrong... coz that's what I hope for .. do let me know if anyone has worked at 2 jobs at the same time without having checked the "concurrent" option in I129. will it be a problem for h1b extension or GC??? inputs highly appreciated...
                Hi,
                Did you get the answer for above question or did you face any trouble at GC/Extension time for working two jobs on h1 at same time ..
                please let me know, i am in same boat i need to decide before doing any mistake....

                do they check it in Labor or i140 or 485 stage ?

                thanks

                Comment


                • #9
                  This thread originated in 2003 and has not been touched since 2006. I doubt if you'll get a response.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Originally posted by cbg View Post
                    This thread originated in 2003 and has not been touched since 2006. I doubt if you'll get a response.
                    yea..but i thought i could get their experience if they get email notification thru this forum..

                    Comment

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