Can I be employed with current employer H1 part-time and new H1?

S

shuurik

Registered Users (C)
I have a question about possible cases:

1. I have H1B from one employer A and it is valid till 2008 July. If I get another job with employer B, I want to still work for employer A on a part-time basis doing the same job, can I do it, provided I get a new H1B from the Empoyer B instead of transfer? My understanding was since I already have H1B, new H1B petition shouldn't count towards the cap.

2. What are the implications on green card applications if I change the employer (I am expecting the labor cartification any day now and will apply for I140 from employer A on a full-time basis)? Assuming I-140 and EAD gets approved before I join employer B, can I still use it to file I-485 from employer B - the job is similar/same industry/responsibilities or it would be better to start all over again with LCA and recruitment, etc??? My PD is not current (for another year or so...)

3. Let say I apply for new H1B through Employer B, and it gets approved, and after that they receive I-140 from the current employer A - could it jepardize my green card process?

My job is not safe these days, and that's the reason I am looking for another. Haven't found yet, but want to be in the know when I talk to the prospective employers. Any help would be appreciated.
 
shuurik said:
I have a question about possible cases:

1. I have H1B from one employer A and it is valid till 2008 July. If I get another job with employer B, I want to still work for employer A on a part-time basis doing the same job, can I do it, provided I get a new H1B from the Empoyer B instead of transfer? My understanding was since I already have H1B, new H1B petition shouldn't count towards the cap.
You should apply new h1b(not under quota) concurrently to work for both companies.

2. What are the implications on green card applications if I change the employer (I am expecting the labor cartification any day now and will apply for I140 from employer A on a full-time basis)? Assuming I-140 and EAD gets approved before I join employer B,

This situation never happen your case EB2 and EB3
can I still use it to file I-485 from employer B - the job is similar/same industry/responsibilities or it would be better to start all over again with LCA and recruitment, etc??? My PD is not current (for another year or so...)

3. Let say I apply for new H1B through Employer B, and it gets approved, and after that they receive I-140 from the current employer A - could it jepardize my green card process? No, as far as A willing process your GC in all stages. If A withdraw your petition for GC then you need to restart your GC from B

My job is not safe these days, and that's the reason I am looking for another. Haven't found yet, but want to be in the know when I talk to the prospective employers. Any help would be appreciated.
Click to expand...
 
Thank you Great Guru for answering.
I didn't quite understand what you meant to second question. It can never happen like this, you mean? My case is EB3. I should be employed full-time with A in order to apply I-485?

Another question: If I apply for a new H1B for B, is it going to be for 2 years left on my current H1 or does it start over and I will have 6 years?

THank you in advance again for your answers!
 
shuurik said:
Thank you Great Guru for answering.
I didn't quite understand what you meant to second question. It can never happen like this, you mean? My case is EB3. I should be employed full-time with A in order to apply I-485? No not at all. You can work for C or D in H1 while your I 485 with A is in process
Another question: If I apply for a new H1B for B, is it going to be for 2 years left on my current H1 or does it start over and I will have 6 years?

2 Years only but further extention will be allowed either 1 yr increment or 3 yr increment based on your LC pending more than 365 days or I 140 approval.
THank you in advance again for your answers!
Click to expand...
 
Thank you again for the reply! So when do they look at the time spent at the sponsoring company? I read somewhere, as soon as you stop working for them (Assuming after I485 is approved) the whole "Permament" purpose disappears (if less than 6 months or so).

Also, another question, what is the difference between H1b transfer and getting a new H1B for the remainder of the time? - or is it the same?
 
You must log in or register to reply here.
Top