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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28487
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I double employment allowed for a candidate on H1B; For example,

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I double employment allowed for a candidate on H1B; For example, a H1 worker working ful time for a company A for 40 hours a week, is willing to take up another contract position (remote working), is it legally allowed; And if so can the person request another company (company B) to petition H1 to take up this contract position...?

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

You can have a concurrent part-time petition filed for the part time employment. You have to be an employee on the payroll and not a contract worker.

 

Judith

Customer: replied 3 years ago.

Actually the situation could be like this; Full time employee of a company (company A), another full time employment on contract basis working remotely with H1 petitioned through another employer (company B); Is this allowed ?

No this arrangement is not allowed.

 

Judith

Customer: replied 3 years ago.

Ok, could you please let me know the concept/rules of double employment on H1B; Which of the below options are legal/allowed ?


 


1. Part time employment with Company A & part time employment with Company B (20 + 20 = 40 hours a week)


2. Full time employment with Company A & part time employment with Company B (40 + 20 = 60 hours a week)


3. 2 full time employments (40 +40 = 80 hours a week)


1. Part time employment with Company A & part time employment with Company B (20 + 20 = 40 hours a week)

Allowed

2. Full time employment with Company A & part time employment with Company B (40 + 20 = 60 hours a week)

Allowed

3. 2 full time employments (40 +40 = 80 hours a week)

Not allowed.

 

I have tried to do dual full-time concurrent petitions for nurses who work 36 hour weeks and have been denied over and over again.

 

Judith

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