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Immigration Issues/H1B visa with NGO and work for someone else?


Hi Mark,

I just wanted to clarify and re-frame my previous question. I'm currently applying for an H1B visa through an NGO that is not subject to the cap. I have been discussing possible internship/job opportunities in the private sector with my current employer because we think it will provide me with some valuable, transferable experience. If I obtain the H1B visa through my current employer, what options would I have to pursue other possibilities? Can my current employer (the NGO) sub-contract me to another company?


Dear SCK:
The USCIS has not clearly stated as to whether a H-1B beneficiary on a cap exempt H-1B can work concurrently for a cap-subject employer. There are some who believe that it can be done and others who think that it not possible under the current regulations. There are cases where attorneys have applied for concurrent H-1B in such cases and have obtained approvals. I am not sure if the USCIS adjudicators clearly understood the context of these filings before granting the approvals. So I will not be able to answer your question in any definite manner.


Mark Ashley
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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