02 Jobs with 02 H1b\'s - Is this Legal?

rxr

Registered Users (C)
Can one have 02 H1B\'s with 02 different organizations and get 02 pay checks. Does this violate any law.

Please advice
 
It is illegal.

You can have 2 jobs with the same company under one H1 (with proper LCA backing). You cannot be employed with 2 employers at the same time .
 
MODIFICATION to my reply:

You can have as many as H1s you want from as many organizations. But at any point of time you should get the paycheck from only one company.
 
wrong again!

From http://www.allaboutvisas.com/website/faqs/h1b.htm:

b May I have multiple H-1B petitions?

b Yes, a foreign professional may work for multiple employers so
b long as each employer has an H-1B petition approved for the
b professional.

So, one person can work for and draw salaries from multiple employers at the same time. Why do you believe that this is not the case? Multiple sites that specifically address this topic categorically state that this is legal.
 
Jaxen - Please do clarify if you have a law reference .

Jaxen,

Do you have a law or section which references this.
If this is possible, I would like to follow up this path.
I have looked up the information suggested in this thread, its still not clear whether I can receive 02 Pay checks.

Yes - I do know, that a foreign worker can have multiple H1B\'s with more than one firm, but does this affect IRS or INS when it comes to pay checks? - this is not clear.

Please add your suggestions.

CRS - Thank you for your input, Its still needs research.
 
No legal references anywhere for either position...

It is interesting that I could not find any references to the law governing how many employers a foreign professional can have at the same time.
The answer by Mr.Rajiv Khanna refers to part time employment. The other link gives the answer as a suo moto statement.
I will keep researching about this. Currently I am ploughing thru all the text of the INS laws regarding this (in house/senate sites) and am trying to find any active reference to "2 jobs not possbile for H1".

But if you start to think about it, I do not think there will be any problem from INS if you have 2 jobs. US citizens and GC holders are allowed to have 2-3 jobs at a time. So I don\'t think H1s will be restricted from holding simultaneous jobs.

The deciding caveat will be the position taken by one or both the employers. If the LCA is approved for a full time employment how can a h1 holder work for another employer-full time? Given that part time LCAs/H1 are approved by INS, is their a contractual obligation to the first employer that the H1 holder will (should?) not work for another employer simultaneously. Please take these into account before accepting both jobs.

I think I have still have some baggage to lose from my thinking (influenced by being brought up in a country where this is considered illegal). My apologies. Thanks for the vigilance.
 
Re: The deciding caveat will be the position taken by one or both the employers

Absolutely! This is easily the most important factor influencing one\'s decision. Most employers have non-compete clauses and someone on a H-1B should be very careful to not run afoul of these. My advice: please get both employers / employers-to-be to commit in writing that they are okay with your being simultaneously employed by them.
 
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