Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Can you work for another employer at the same time as you work for your H-1B employer?

QUESTION:

I have an employee who is currently in his first year of an H1-B visa. He would like to do some part-time work consulting for a university, in the same field as his work here. Could he do that without filing any further paperwork?

Someone here in our HR has suggested that he would have to file for
another H1-B visa to work at the other company. Another person said that since his work would be in the same field as his work here, it would be legal without further paperwork.

The reason for the work is that it would allow him to finish a Ph.D. which he started at the university.

ANSWER:

The H-1B only allows the beneficiary to work for the H-1B petitioner. Any unauthorized work for other employers is a violation of the status and would result in the person falling out of status.

However, there is no problem with having more than one H-1Bs at the same time as long as the person is maintaining the requirements for both H-1Bs.

The other university has to file an H-1B petition for him.

* This information is for educational purposes only and should not be relied upon without first consulting with a qualified immigration law attorney. Immigration laws change frequently. The reader relies on this information at their own risk. This information is not intended to create an attorney client relationship. If you wish to schedule a consultation with attorney Ari Sauer, you can do so by calling (901) 682-6455 or emailing asauer@visalaw.com.

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This entry was posted on February 18, 2010 by in Uncategorized.
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