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- I would like to work part time 2-4 Saturdays or any off days during the week, is that possible on a concurrent visa? Yes, it is possible to work part time for a another H-1B employer through the filing of a concurrent H-1B petition. The part-time concurrent H-1B filing would need to be filed PRIOR to you starting the part-time employment. In order to ensure that you can successfully maintain your existing employment and the part-time concurrent employment, it is advisable that you schedule a consultation with an Immigration Lawyer at MVP Law Group.
- What are hourly restrictions on this part-time job, I work full time 36-40 hours a week. There are no specific hourly restrictions on the part-time job other than it must be under 35 hours per week to be considered part-time. The Department of Labor provides the following, “the employer is required to pay the hourly wage to the worker for the part-time hours specified each week. If the I-129 specifies a range of hours for part-time employment, the employer is required to pay the worker at least the average number of hours normally worked, provided the average is within the range indicated. The worker should not be paid for fewer than the minimum number of hours indicated for the range of part-time employment.” https://www.dol.gov/agencies/whd/fact-sheets/68-h1b-fulltime-employee In order to ensure that you can successfully maintain your existing employment and the part-time concurrent employment, it is advisable that you schedule a consultation with an Immigration Lawyer at MVP Law Group.
- How long does it take to get approval? Premium processing takes 15 business days from the date the USCIS receives the case, for an additional $2,500.00 USCIS filing fee, to increase to $2,805.00 effective 02/26/2024. Otherwise, regular processing generally takes between 5-7 months depending upon the Service Center who receives the filing.
- Can I start work right after filing the visa? Generally, yes. The Form I-129 and Certified Labor Condition Application (LCA) contain a specific starting date. If once the case is filed and received by the USCIS, and that date falls on or after the date as listed in the Form I-129 and Certified LCA, you may begin working with the part-time concurrent H-1B employer. If the date as listed on the Form I-129 and Certified LCA is in the future, you must wait for the date to come before you are able to begin working with the part-time concurrent H-1B employer.
- Can I work in 2 different locations for the H-1B employer? If the employer has multiple locations and has a need for you to work at different locations and each location is disclosed in the Labor Condition Application and on Form I-129, then yes.
- My current H1b visa expires on 02/2025, so will the concurrent visa also need another extension in February, or will it automatically renew? Whether you are eligible to extend your H-1B status beyond 02/2025 will depend upon how many years you have been in H-1B status towards the 6 year limitation. Nothing will automatically renew with the USCIS. If you are eligible for an extension, you will need to file an H-1B extension. We typically file all H-1B cases for the entire 3 year period unless circumstances do not warrant a need for specialty occupation services for a 3 year period.
- What is the filing fee? There are multiple USCIS filing fees involved in the filing of a part-time H-1B concurrent employment petition .Those fees are not allowed to be paid by you, as they are business expenses to be borne exclusively by your sponsoring H-1B employer. The only exception is the premium processing filing fee, you are able to pay the $2,500.00 ($2,805.00 effective 02/26/2024).
- What happens to my visa when I resign my job at the new concurrent H-1B employer? You may continue working with your other H-1B employer, as long as the I-797 approval notice remains valid.
- Will my existing employer find out about this part-time job? Your employer will not be privy to the new part-time concurrent filing unless you notify them, or your job performance suffers as a result of additional employment. In order to ensure that you can successfully maintain your existing employment and the part-time concurrent employment, it is advisable that you schedule a consultation with an Immigration Lawyer at MVP Law Group.
- How does the USCIS know it is a concurrent filing? Form I-129 allows you to check the proper box to classify the filing. The Labor Condition Application (LCA) filed with the Department of Labor also allows you to check the proper box to classify the filing.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, February 16, 2024!
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