Can I Work for More than One H-1B Employer? How and When? Can I Be an F-1 Simultaneously?

A couple of fundamentals: the visa petition approved by INS (the U.S. Department of Justice) - the Notice of Approval- is the official permission defining the time you can work for a given employer. The visa STAMP in your passport - issued by the Consul (the U.S. Department of State) is permission to APPLY to enter the U.S. If you are in the U.S. in another status - say student (F-1) and you file for a change of status to H1B, you do not NEED to restamp the passport until you travel abroad. However, once you DO leave the U.S., forget about reentering with that H-1B visa...once you switched status, you could no longer enter with the prior visa.

Here's what you need to know:

IF YOU ARE ABROAD AND GET YOUR VISA STAMPED BY THE CONSUL FOR COMPANY "A" AND THE JOB OFFER COMES THROUGH, WHAT DO YOU NEED TO DO FOR COMPANY "B'S" JOB OFFER?

First of all, if you know about the termination of the offer from A prior to leaving home, then you cannot enter the U.S. with the visa for A...if you do so, you risk being accused of fraud since the job offer was no longer valid at the time of entry. However, if you got a Notice of Approval issued by B BEFORE leaving home, then you have two options:

• use the existing visa stamp for A and the Notice of Approval for B and explain that the offer fell through to the INS officer. (We've never had a client stopped the few times its occured.)
• go back to the Consul, explain the change, and ask for the visa reissuance. This is probably the SAFEST route, though the consul may tell you it's unnecessary and refuse to reissue.

A simple matter: new petition requesting a change of employer, handled by "B's" attorneys.

IF YOU WANT TO KEEP WORKING PART TIME AT "A," "B," "C" OR WHOMEVER...

This is called "concurrent employment" and the attorney can file the I-129 to reflect this...we do them all the time. Remember that while there is technically no limit to the number of companies for which an individual can concurrently work, all of the requirements, including Labor Attestations, etc., must be filed for EACH AND EVERY employer.

WHAT IF I WANT TO STUDY (OR MY H-4 SPOUSE WANTS TO STUDY), HOW DO I GET A STUDENT VISA...?

You don't, and here's why: first of all, while you CAN have different visa stamps in your passport - for example, a B-2 tourist AND an H-1B - you CANNOT be in more than one status while in the U.S. So does that mean you can't study? Nope. It means that as long as you are meeting your H-1B responsibilities as defined in your employer's petition to the INS, then the INS doesn't CARE if you study. I've had H-1B professionals graduate from Master's programs while in H-1B status. But you MUST keep working full time as an H...

What about the poor spouse who can't work? Well, you COULD switch him/her from H-4 to F-1 student, but why? You won't save money on tuition (as many think) and an H-4 is legally allowed to study or volunteer full time. Besides, there's an even better reason: while most non-immigrant visa categories - including F-1 students - are subject to the presumption of immigrant intent, H-4s are not. So, if your spouse decides to take a trip home to visit his family in India and returns with his F-1 stamp while the family's green card process is pending, he is an "intending immigrant" and subject to denial at the airport. "Sorry , sir, but you have to remain in India until your wife receives her green card" ...get the picture? Trust me: KEEP THE H-4!

FINAL THOUGHT- the more employers concurrent, the greater the odds of something going wrong in the immigration process.