Each employer files its own petition
There is no shared or transferable authorization. The second employer files its own Form I-129 with its own certified LCA, its own worksite, and its own wage. The petition is not cap-subject if the architect already holds valid H-1B status through a cap-counted petition, which is what makes concurrent employment practical mid-year.
The second petition can generally be worked on receipt where the architect is already in valid status and porting rules apply, but the conservative approach is to wait for approval when the engagement is not time-critical.
Hours, wages, and the part-time designation
Each petition states whether the position is full-time or part-time and specifies the hours. Both petitions must be accurate; the combined schedule should be realistic for one person. Two full-time petitions running simultaneously invite the question of whether either is genuine.
Each employer pays at or above the prevailing wage for its own role at its own worksite. One employer's compensation does not offset the other's obligation.
Risk management when one role ends
The most valuable feature of concurrent employment is continuity. If the primary role ends, the architect remains in valid status through the second petition, which removes the sixty-day grace-period scramble. That resilience is a legitimate reason to structure senior engagements this way.
It also means the remaining employer should be prepared to amend hours if the architect's availability changes materially.
Conflicts, IP, and practical hygiene
Immigration compliance is only half the problem. Confirm that employment agreements permit outside work, that intellectual property assignments do not overlap, and that on-call rotations from two employers cannot collide. Write the boundaries down before the second petition is filed; renegotiating them afterward is far harder.
Key takeaways
- Each concurrent employer files a separate I-129 and certified LCA.
- A second petition is not cap-subject when the architect already holds cap-counted status.
- State hours honestly; two simultaneous full-time petitions invite scrutiny.
- Concurrent status protects continuity if the primary engagement ends.
- Settle IP, conflict, and on-call boundaries in writing before filing.
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