The following is for informational purposes and is not legal advice. Please consult a qualified lawyer for assistance with your matter.

Yesterday, AILA reported that the California Service Center (CSC) would be denying concurrently-filed H-1B petitions filed by cap-subject organizations on behalf of beneficiaries who had an approved H-1B from a cap-exempt employer. Such concurrently filed cases have been approved in the past. [AILA InfoNet Doc. No. 07111966 (posted Nov. 19, 2007)]. However, today AILA is reporting that the CSC will not be making any changes at this time: “CSC will return to prior policy with respect to certain forms of concurrent H-1B employment involving employment of an H-1B alien in cap-subject employment where the alien is already employed in cap-exempt employment.” [AILA InfoNet Doc. No. 07112065 (posted Nov. 20, 2007)].

A few facts about H-1Bs: (1) H-1B status is employer-specific, meaning that the beneficiary can work only for the petitioning organization; (2) H-1B’s are permitted to be for part-time employment so long as the labor condition application and the I-129 petition filed with the USCIS accurately state the offered wage and number of hours worked weekly; (3) a beneficiary is permitted to have more than one H-1B, concurrently filed by different organizations; and (4) certain organizations and beneficiaries are cap-exempt, meaning that they are not subject to the annual 65,000 numerical limitation on H-1Bs.

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

Leave a Reply