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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24922
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am currently on H1B with my I-140 approved from my previous

Resolved Question:

I am currently on H1B with my I-140 approved from my previous employer.
My previous company wants to be employ me part time as they urgently need me in some of the work I had earlier done.They are ready to file a concurrent H1b.
Is doing this a safe thing .Would I have any issue for my further H1-B renewal or my Visa stamping.
Also do I need to let know my current company that I will be working part time .The company handbook and offer letter does not seem have any statements which prohibits me to work part time in my non-office hours
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

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

You certainly may have a concurrent H1B filed for you by your prior employer who has an approved I-140 for you.

The I=140 is prospective in nature for future employment when a priority date is current and has no impact on your petition by another H1B employer.

You cannot begin the concurrent employment until the petition is approved. You can only port to a new employment replacing your FT H1B on the receipt while the petition is pending. Unless your old H1B petition for the previous employer is still valid and not expired.

Judith

 

Customer: replied 1 year ago.

Thanks for the quick reply.


Infact my old H1B petition for the previous employer has not been cancelled by previous employer.


My concerns are following


i)When my current new company starts my GC processing would the part-time H1B petition be a reason of concern.


ii)When I go out of US and go to consulate for Visa stamping would there any issues


iii)Would I be required to let my current employer know that I am working part time.Am I legally allowed to do that


iv)Infact my new company's H1B transfer has not been approved yet and its still in Initial Review state.Can I start my concuurent H1-b processing now.

Customer: replied 1 year ago.

I was told that I will get quick reply but that did not happen and the lawyer was online when I logged in


I am not satisfied and request my money back

Expert:  Judith replied 1 year ago.

I am terribly sorry, but I was taking a dinner break. I had closed my laptop but the system may have shown me online because I had not shutdown my computer.

I am happy to answer you or request a refund, which ever makes you happy.

Judith

Customer: replied 1 year ago.

Please reply to my queries and I will be more than happy :-)

Expert:  Judith replied 1 year ago.

I am answering a follow-up question posted before yours and will get to you as soon as I finish the research.

Judith

Customer: replied 1 year ago.

ok no problem.I will be waiting for your reply and may have further questions to ask based on your reply

Expert:  Judith replied 1 year ago.

Thank you for your patience. I cannot rush my answers since I try to be comprehensive with each question and the follow-ups asked. That is how I have attained such an excellent rating with customers on the site.

 

My concerns are following

i)When my current new company starts my GC processing would the part-time H1B petition be a reason of concern.

No, one has nothing to do with the other. The fact that an old petitioner finds a need for your services has no impact on a new petitioner filing a new PERM and I-140 for you. Both of these are PROSPECTIVE in nature for a future time when the priority date is current. Employment circumstances change because of the long delays and working part-time for an old employer is not negative in any way.

 

ii)When I go out of US and go to consulate for Visa stamping would there any issues

Again, no, there is no negative inference for having a concurrent petition for a prior H1B employer. It is all lawful and legal as long as your FT principal H1B petition is a real job offer and you are working it and have a payroll history to show.

 

iii)Would I be required to let my current employer know that I am working part time.Am I legally allowed to do that

You are legally allowed to have a concurrent petition. That is totally why the law provides for concurrent petitions. Yes, you are allowed to have a concurrent H1B.

 

iv)Infact my new company's H1B transfer has not been approved yet and its still in Initial Review state.Can I start my concuurent H1-b processing now.

NO, you could go back full-time to Co A and work under their approved full-time petition but going to work for them part-time whether it is concurrent or under their prior petition would require an amendment or concurrent petition approval because the petition for Co A is for full-time. You cannot work under that petition part-time. That is a material change in the terms of the petition and requires either an approved amendment or concurrent petition.

 

Judith

Customer: replied 1 year ago.

Thanks for your replies


I am still not clear about the following questions


iii)Would I be required to let my current employer know that I am working part time.Am I legally allowed to do that


I understand from immigration perspective it may be a legal thing to do.


But from the current company's contractual perspective is there any thing which stops me working in a partime job in non-working hours.I have reviewed the company offer letter and the company's handbook and it does'nt look like that they have any objection.The following is an excerpt from the handbook.Can you please and see if its ok in my circumstance


 


Although Zzzzzz, Inc. has no interest in preventing employees from engaging in lawful activities during nonworking hours, employees must make sure that their outside activities do not conflict or interfere with their responsibilities to the Company. For example, without approval by the Company, a Zzzzzz, Inc. employee generally may not:



  • engage in self-employment or perform paid or unpaid work for others in a field of interest similar to Zzzzzz, Inc.;

  • use proprietary or confidential Company information for personal gain or to the Company’s detriment;

  • use Company assets or labor for personal use, except for incidental use permitted under the Company’s policies;

  • acquire any interest in property or assets of any kind for the purpose of selling or leasing it to the Company;

  • appear to represent Zzzzzz, Inc. as the participant in an outside activity unless Zzzzzz, Inc. has authorized the employee to represent Zzzzzz, Inc.; or


serve on the Board of Directors of a public company or on a customer advisory board, technical advisory board or similar committee of any for-profit enterprise


iv)Infact my new company's H1B transfer has not been approved yet and its still in Initial Review state.Can I start my concuurent H1-b processing now.


I understand that the petition with my previous Company has to be appended, but Can the appendment process be initiated since I dont have the approval from the FT petition.

Expert:  Judith replied 1 year ago.

I can only answer questions from the immigration perspective. I am only approved by JA to answer immigration questions, not employment law questions. This question is strictly for an employment law expert's.

 

I will tell you that the employment law expert will zero in on

 

  • engage in self-employment or perform paid or unpaid work for others in a field of interest similar to Zzzzzz, Inc.;
  • This is a very broad restriction and the nature of the employment with Employer A will have to be dissected.

     

     

    I understand that the petition with my previous Company has to be appended, but Can the appendment process be initiated since I dont have the approval from the FT petition.

    Yes, the amendment or concurrent petition can be filed while the petition for B is still pending.

     

    Judith

     

     

    Judith, Immigration Lawyer
    Category: Immigration Law
    Satisfied Customers: 24922
    Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
    Judith and 2 other Immigration Law Specialists are ready to help you

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    Immigration Lawyer
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    34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.