Part-time non-profit h1b and part-time for-profit h1b?

Asked almost 2 years ago - Washington, DC

I need an h1b visa to work in the US. But the quota for h1b visa has all been used in this fiscal year.
So my question is, can I take a job in a non-profit organization using h1b visa (which is not capped for working for non-profit organizations) and work part-time. And at the same time take another part-time position in a for-profit company?
For example, can I work for a university for 20 hours/week (using non-profit h1b) and 20 hours/week for a for-profit company?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . Yes

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Efe Poturoglu

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The short answer is yes. You may have concurrent H-1B employment as long as both entities file their own petitions. But keep in mind that not all non-profits are cap exempt. It must be a non-profit research entity.

    The statement above does not create an attorney-client relationship. It is intended as general information only... more
  3. Gen Kimura

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You need to make sure that the nonprofit employer is a cap exempt employer. The for-profit company needs to file a separate H1B petition next year 4/1/2013.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more

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