Multiple H1Bs For an H1B Worker

I'm posting this query here since this is the most active thread on the forum. Pls move it once it has been answered.

I came to know about this situation from my wife. My wife's friend started a part-time employment (3 days) in october (fresh h1b petition). Now, she's taken up (about a month or so back) a new part-time employment (for 2 days) with another employer. My wife's friend says she started the new part-time employment as soon as the petition for the 2nd job was filed. She says she/lawyer used her existing petition for the new employment. Is it possible to even do this? I feel my wife's friend got a new h1b (filed in april with the 2nd employer) back in april & she started on the job couple of months back. Has anyone come across such situations?

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Originally Posted by IsItWorthTheTrouble

I'm posting this query here since this is the most active thread on the forum. Pls move it once it has been answered.

I came to know about this situation from my wife. My wife's friend started a part-time employment (3 days) in october (fresh h1b petition). Now, she's taken up (about a month or so back) a new part-time employment (for 2 days) with another employer. My wife's friend says she started the new part-time employment as soon as the petition for the 2nd job was filed. She says she/lawyer used her existing petition for the new employment. Is it possible to even do this? I feel my wife's friend got a new h1b (filed in april with the 2nd employer) back in april & she started on the job couple of months back. Has anyone come across such situations?

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Technically this is illegal. H1 B is per employer. But as the old saying goes, it's only illegal if ur caught.

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Originally Posted by IsItWorthTheTrouble

I'm posting this query here since this is the most active thread on the forum. Pls move it once it has been answered.

I came to know about this situation from my wife. My wife's friend started a part-time employment (3 days) in october (fresh h1b petition). Now, she's taken up (about a month or so back) a new part-time employment (for 2 days) with another employer. My wife's friend says she started the new part-time employment as soon as the petition for the 2nd job was filed. She says she/lawyer used her existing petition for the new employment. Is it possible to even do this? I feel my wife's friend got a new h1b (filed in april with the 2nd employer) back in april & she started on the job couple of months back. Has anyone come across such situations?

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I don't completely understand your doubts.

One can start working as soon as the H1b petition is duly filed with the USCIS ( as soon as the cheque is encashed/Receipt notice received). This is not true for the first time H1b filers.

Employee can switch back to the previous H1b job as long as the petition is not revoked. No refiling required.

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Originally Posted by Kanmani

I don't completely understand your doubts.

One can start working as soon as the H1b petition is duly filed with the USCIS ( as soon as the cheque is encashed/Receipt notice received). This is not true for the first time H1b filers.

Employee can switch back to the previous H1b job as long as the petition is not revoked. No refiling required.

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That's what i thought too ... including the last statement which essentially says that an H1 transfer is not really a transfer but rather issuance of another H1. Is that right Kanmani?

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Originally Posted by Kanmani

I don't completely understand your doubts.

One can start working as soon as the H1b petition is duly filed with the USCIS ( as soon as the cheque is encashed/Receipt notice received). This is not true for the first time H1b filers.

Employee can switch back to the previous H1b job as long as the petition is not revoked. No refiling required.

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Let me rephrase my doubt. My doubt is on my wife's friend's story that she started the new part-time job soon after the petition for the 2nd job was filed. Since she says she started on the 2nd job only couple of months back, I can't understand how she could 've filed a petition considering that this years 'fresh' h1 quota is already done & she's still continuing with her first part-time job (so it can't be a transfer too). Given the above, the only legal way I see is that she would 've filed for a 'fresh h1' with the 2nd part-time employer back in april (for a oct 1, 2013 start) & formally joined them in nov '13. Is there a legal loophole that she's exploiting to get the 2nd h1b - without a fresh petition?

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Originally Posted by IsItWorthTheTrouble

Let me rephrase my doubt. My doubt is on my wife's friend's story that she started the new part-time job soon after the petition for the 2nd job was filed. Since she says she started on the 2nd job only couple of months back, I can't understand how she could 've filed a petition considering that this years 'fresh' h1 quota is already done & she's still continuing with her first part-time job (so it can't be a transfer too). Given the above, the only legal way I see is that she would 've filed for a 'fresh h1' with the 2nd part-time employer back in april (for a oct 1, 2013 start) & formally joined them in nov '13. Is there a legal loophole that she's exploiting to get the 2nd h1b - without a fresh petition?

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She doesn't need to go through quota after first time

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Originally Posted by bieber

She doesn't need to go through quota after first time

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Do you mean she doesn't 've to file a fresh h1 even when she goes for a new employer (part-time) without leaving her current job (part-time)?

IsItWorthTheTrouble,

Below rule are for Full-time employment.

The application is free from quota after the first H1 approval within the 6 years period . (extension with approved I-140/perm pending for 365 days is also quota free)

There can be numerous H1b approvals at a time. Employee has the freedom to choose between them. One fresh approval doesn't disqualify the other if not revoked.

There is actually no official term called transfer of H1b. It is extending the allowed H1b time to another employer.

In your case it is part-time employment . They might have divided the 9-6 as 9 to 1 in one H1b and 2 to 6 in the other H1b approval. As far as I know, the second one should be free from quota. I'll check with it

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Originally Posted by qesehmk

That's what i thought too ... including the last statement which essentially says that an H1 transfer is not really a transfer but rather issuance of another H1. Is that right Kanmani?

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Yes Q. It is correct. USCIS have clarified this during a Q & A session. I don't have it handy now. I saved it in my mind.

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Originally Posted by Kanmani

Yes Q. It is correct. USCIS have clarified this during a Q & A session. I don't have it handy now. I saved it in my mind.

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Thanks Kanmani.

Everybody please take note:

A) A worker can work for multiple employers using separate H1Bs.
B) Transfer of H1B essentially means issuance of a new H1B for the new employer and it still retains the old H1B. (semi confirmed by Kanmani above).