H1-B Part-time question

[ranjan.coolfox]

Hi,

 

I have a couple of questions regarding Part-time H1-B. I am hoping someone can help me.

 

I presently work with Company A as a Full-time employee. I am getting an opportunity to work with Company B as a Part-time employee. I have some basic questions regarding this.

 

1. I have seen lots of faqs mentioning I can have two H1-B's with two different employees and work for both of them at the same time. But will it be possible to work with one as Full-time and with other as Part-time ?

2. If #1 is true from which cap will the new H1-B to be filed for the new employer under part-time be taken. My Full-time H1-B is from 2011 cap. Will it be ok to file using my 2011 cap or will it go into new cap of 2014 (which actually is over) ?

 

Thanks

 

[omshiv]

You can definitely work Fulltime and Part time on 2 H1B's....provided you can.

[cap-gap]

it is allowed as long as the second one is H1 qualified job (not burger flippin') and no question of cap as you've been counted already..

 

u sure ur first company didnt make u sign any moon lighting policy?

[JoeF]

In theory, this is possible, if the part-time job requires a college degree. So, no burger flipping...

In practice, most employment contracts nowadays contain a clause that the employee can only accept side jobs with approval from the employer.

One of the reasons is that the employer doesn't want you to work for a competitor on the side. Another one is that the employer wants your full attention for the full-time job.