Can you leave the U.S. while your petition is still pending?
8 mins read | Sep 22, 2026
Yes, if you hold an H-1B visa, you can work for multiple employers at the same time. This is what immigration law calls concurrent H-1B employment.
Each employer must file a separate H-1B petition with U.S. Citizenship and Immigration Services (USCIS) to authorize your work. Unlike some nonimmigrant visa categories, the H-1B doesn't allow self-petitioning, so you need an employer to sponsor each position.
This guide explains how concurrent employment works, what each employer must do, and the rules you need to follow to maintain your immigration status. For a broader overview, see our H-1B visa guide.
How does concurrent employment with H-1B multiple employers work?
When you hold concurrent H-1B status, you have more than one approved H-1B petition at the same time. In practice, each employer files its own Form I-129, Petition for a Nonimmigrant Worker, with USCIS, and each must obtain a certified Labor Condition Application (LCA) from the Department of Labor. The LCA confirms that the employer will pay you the prevailing wage (the standard pay for similar roles in the same area) and that hiring you won't negatively affect U.S. workers.
Both positions must qualify as specialty occupations, meaning each job requires at least a bachelor's degree in a field related to the work. Once the second employer properly files the petition with USCIS, you can begin working for them immediately under H-1B portability rules (which let you start working for a new employer once they file the petition, before USCIS approves it). However, you should wait for approval before starting if you want to avoid any risk to your immigration status in case USCIS denies the petition.
What your employers need to know
A common question is whether you need to tell your current employer about the second job. Immigration law doesn't require you to inform your first employer that you're taking a second position. The second employer, however, must know about your current H-1B status because they need to file a concurrent petition. While not legally required, being upfront with your primary employer is a good idea, especially if your schedule or availability may change.
Is there a limit on how many hours you can work?
The short answer is no. USCIS doesn't set a maximum number of hours you can work across multiple H-1B jobs. You can legally combine a full-time position (typically 40 hours per week) with a part-time position (such as 20 hours per week). However, USCIS may question petitions if the combined workload seems unrealistic. For example, claiming two full-time positions that would require 80 hours per week might raise concerns and could lead USCIS to deny the petition.
Many concurrent H-1B arrangements involve one full-time job and one part-time job. This setup is easier to justify and less likely to attract scrutiny from USCIS.
Can you work part-time on an H-1B visa?
Yes, you can work part-time with an H-1B visa, and the government doesn't set a minimum number of hours. The petition must clearly state the number of hours you'll work, and your employer must pay you the prevailing wage for those hours. If your hours change significantly after approval, your employer should file an amended petition to reflect the new schedule.
Part-time work can be your only H-1B position, or it can be a concurrent role alongside a full-time job with another employer. Either arrangement is valid as long as each employer complies with the filing requirements.
Understanding cap-exempt and cap-subject employment
The H-1B work visa has an annual cap of 65,000 visas, plus an additional 20,000 for applicants with U.S. master's degrees or higher. Petitions that count against this cap are cap-subject. However, certain employers are exempt from the cap, including institutions of higher education, nonprofit research organizations, and government research organizations. Positions with these employers are cap-exempt.
Here's what matters most for concurrent employment: if USCIS already approved your current H-1B, you don't need to go through the H-1B lottery again for concurrent employment. A second employer can file a petition for you at any time, regardless of whether the cap has been reached for the year.
Working for both cap-exempt and cap-subject employers
If your primary H-1B is with a cap-exempt employer (such as a university) and you want to take a concurrent position with a cap-subject employer (such as a private company), special rules apply. You can work for both employers at the same time, but your eligibility for the cap-subject position depends on maintaining your cap-exempt employment.
This detail catches many H-1B holders off guard. If you leave the cap-exempt job, USCIS may revoke the approval of the cap-subject concurrent petition. At that point, you'd need to win the H-1B lottery and have a new employer file and receive approval for a new petition to continue working for the cap-subject employer.
Not sure which visa category fits?Compare work visa options side by side and find the right match for your situation.
Can you own a business while on an H-1B visa?
Yes, you can own a business or hold shares in a company while on an H-1B visa. The key distinction is between passive ownership and active work. Passive ownership, such as receiving dividends or holding equity, doesn't require work authorization. But you can't actively work for that company (such as running daily operations or providing services) until the company files and receives approval for a separate H-1B petition for that role.
For the company to sponsor your H-1B, it must demonstrate a valid employer-employee relationship. This typically means the company needs a board of directors or another governing body with the authority to hire, supervise, and terminate your employment. USCIS would consider work for a business you own without this structure unauthorized employment, and it could jeopardize your immigration status.
If you're interested in entrepreneurship, other visa categories such as the O-1A (for individuals with extraordinary ability) or EB-1A (an employment-based green card category for extraordinary ability) may offer more flexibility. To understand which work visa best fits your situation, take our visa match quiz.
Filing requirements for concurrent H-1B petitions
Each employer seeking to hire you must complete the following steps:
- Obtain a certified LCA from the Department of Labor for the specific position and work location.
- File Form I-129 with USCIS, selecting the option for concurrent employment.
- Provide evidence that the position is a specialty occupation and that you're qualified to fill it.
Each petition involves separate filing fees, which the employer typically pays. Working for multiple employers means you must track the validity periods and terms of each petition. If one petition expires or USCIS revokes it, your authorization to work for that employer ends, even if your other H-1B remains valid.
Careful planning and documentation help you maintain lawful status throughout your employment. For more details on processing times and costs, check our pricing and timeline calculator.
What happens if one employer terminates your H-1B?
If one employer ends your job, you can no longer work for them. But your H-1B with your other employer stays valid as long as that petition is active. This is one benefit of concurrent employment: losing one job doesn't automatically put you out of status.
Should your only remaining employer also let you go, you have 60 days to find a new sponsor, change to another visa, or leave the United States. During this grace period, a new employer can file an H-1B petition for you.
Keep copies of all approval notices, pay stubs, and records from each employer. You'll need these if you later apply for a green card or need to prove you maintained lawful status, and immigration attorneys recommend staying organized throughout your time on any work visa.
At Tukki, our immigration attorneys help you sort out concurrent employment with clear, actionable steps. We combine legal expertise with a platform that keeps every petition organized.