Can i work full time for a company and parttime for University

S

santipawar

Registered Users (C)
Dear All,
I am working part time for a University and part time for a company (20hrs/week at each place). I got H1B primarily through the university and after few months got a concurrent H1B through a company with which we have a collaborative project. I want to work full time for the company and i was told that I can work and get paid full time at the company but to maintain the concurrent status i will have to work few hours at the university per week. University need not to pay me. Is this true? Or do i have to get a completely new H1B through the company before i can work full time with them. Given current H1B numbers, its difficult to get a new H1B with USCIS resorting to lottery method for giving out H1Bs.
I really need opinions from all you experts out there.
Thanks in advance for your help.
Santosh
 
Thanks GotPR? for your comments. LCA says 20hrs/wk work at each place but one attorney said i can do say 30+hrs at company, 10hrs at university and still maintain status but get fully paid by company alone. University need not pay me. But another attorney says i need to get new H1B altogether through company. So its very confusing and there's no one opinion from attorneys either.
 
Why do you need to get new H1 ?
you already have concurrent H1, don't you ? (and I assume the 2nd H1 was under quota).

Only thing that bothers me is working hours mentioned in LCA as LCA determines the condition of employment.
 
The university H1B is quota exempt. The company H1B is not under the quota but is concurrent with the university's H1B.
 
in general , H1 must be subject to quota whenever work for industry. I don't know why your 2nd H1 did not come under quota, but I guess it might be because work at industry was related to university reseach.
If you got paied fully by industry, it's not concurrent anymore and H1 must be subject to quota.
 
Which means i will have to get new H1B through the company and the second attorney is right. Thanks GotPR? for your comments.
 
concurrent h1b you have got with the company, is for part time employment- right? you cannot get a fultime H1b on concurrent clause. if you want to work full time for the company now, you need to go through h1b quota again. However, if you continue full time job at uni, you could still use concurrent status and work for company on part time basis.
changing part time to full time from h1b cap exempt category to cap category meaning you are no longer using the concurrent rules. there are lot of folks like this on exempt status want to move to private sector. unfortunately, you have to go through cap rules. there is no direct h1b transfer.
 
If one gets 2 H1bs approved (one from University and another from company (capped), then is it possible to work full time at one place and part time at another place? Are the number of working hours mentioned in LCA/H1b application? If yes, can full time employment (after H1b approval) be changed to part time (University) by filing an amendment?
Your response will be of great help..
Thanks
 
eb2007 said:
If one gets 2 H1bs approved (one from University and another from company (capped), then is it possible to work full time at one place and part time at another place? Are the number of working hours mentioned in LCA/H1b application? If yes, can full time employment (after H1b approval) be changed to part time (University) by filing an amendment?
Your response will be of great help..
Thanks
Click to expand...
You need to file H1 as concurrent H1 to work for 2 employers at the same time.
Read I-129 and you'll find the checkbox for concurrent H1. I'm sure LCA has work condition(time, salary etc.)
 
Thanks GotPR!! Right now i can't let one of my employer know that I want to work part time somewhere else. So ig I have both profit and nonprofit h1b then if I work for profit employer only will that invalidate my nonprofit H1b? Or if employer informs USCIS only then nonoprofit H1b will be invalid?? Please reply
 
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