H1B Concurrent Employers

[rohitm]

According to this Artile from The LAW OFFICE OF AJAY K. ARORA:

If the H-1B worker has H-1B status from an employer and will continue to work for that employer while commencing new employment for a second employer, the second employer must file an H-1B petition requesting extension of H-1B status of the worker.

However, they also specifically say that, it has to be an extension but not a transfer.

When a second employer files an H1B, do they have an option to choose between H1B Transfer and H1B Extension? Are they different?

Regards,
Rohit

[shervin143]

The process is the same. The new employer will request an H1B transfer by providing their work itenary for you. When the petition gets transferred, it will come with an extended I-94 (as per the presented work itenary) requested by the new employer.

[rohitm]

Thanks!

So, does that mean I can work for both the employers concurrently?

Regards

[shervin143]

You can work only for one employer at a time unless the second H1B is filed as a concurrent H1B and it gets approved. Extension is the one that will be filed by your current employer. Transfer will need to be filed by the new employer. The transfer will come with an extension based on the future work plan provided by the new employer.

[rohitm]

Got it. Thanks!