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

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

Posted

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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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Asker

Posted

The nonprofit employer is a cap exempt employer. So I can only work for the for-profit company after 10/1/2013? but not before?

Gen Kimura

Gen Kimura

Posted

Right if USCIS approve the separate H1B petition filed by the for-profit employer.

Posted

Yes

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

Yes to which question? I can work for a university for 20 hours/week (using cap exempt h1b) and 20 hours/week for a for-profit company?

Carl Michael Shusterman

Carl Michael Shusterman

Posted

You can work for a cap-exempt and a cap-subject employer.

Asker

Posted

but the problem is the two organizations both have to file a petition, one for cap exempt h1b and the other for cap subject h1b. Since the cap is reached for this fiscal year, the earliest day that I can work for the for-profit company is 10/1/2013, correct?

Posted

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 and it is not a substitute for legal advice. You should consult with a licensed attorney to discuss the specific facts and circumstances of your case.

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