Free · 11 scenarios · keep your H-1B clean
Can I do that on H-1B?
Concurrent H-1B is explicitly permitted. 1099 consulting is categorically not. Founding a startup is possible but only with the right structure. Equity-only advisor roles are gray. This tool walks through the 11 most common second-job scenarios and tells you which is which — with the regulatory citation behind each verdict.
Tell us about the side work
All inputs stay in your browser. We work through the most common second-job scenarios. The legal lines around H-1B founders, advisors, and royalties are genuinely fuzzy — anything flagged "edge case" must be confirmed with an immigration attorney before you act on it.
Your current H-1B status
Second employer specifics
Why this matters
Unauthorized employment is a deportation-triggering ground (INA §237(a)(1)(C)(i)) that compounds — it can deny future status changes, green card applications, AND naturalization, even decades later. The most common foot-gun for laid-off H-1B workers is "just one quick consulting gig" while between jobs. Don't.
Verdict
Allowed — but file first
Concurrent H-1B is explicitly permitted. Each employer files its own I-129; you can hold multiple H-1B petitions simultaneously.
Risk
Low
Filings required
1
Why this verdict
- 8 CFR 214.2(h)(2)(i)(B) authorizes concurrent H-1B employment with multiple employers.
- Each employer must file its own I-129 with its own LCA. The two roles can be in the same OR different specialty occupations.
- If your primary H-1B ever ends (layoff), the second concurrent H-1B keeps you in valid status with no 60-day grace clock — this is the 'cap-exempt insurance' play taken to its logical end.
Read carefully
- DO NOT begin work at the second employer until you have the I-129 receipt notice (portability under INA §214(n) attaches at receipt).
- Each employer pays separately and W-2s separately. There is no 'single employer of record' shortcut.
Required filings
I-129
Filed by: Second employer
Before any work begins; portability attaches at USCIS receipt
Recommended structure
Same-field concurrent H-1B is the cleanest case — same job title family, easy to document specialty occupation.
Tax note
Two W-2s, two state tax returns if employers are in different states. Withholding may run high (each employer treats you as their only W-2) — adjust your W-4 or expect a refund.
The one rule that breaks everyone's intuition
H-1B status authorizes you to work for the petitioning employer, in the petitioned role, at the petitioned worksite — and nothing else. Any other paid activity requires either (a) the new employer files its own H-1B for you (concurrent H-1B) OR (b) you hold a separate work authorization (H-4 EAD spouse, OPT, AOS- pending I-485, Compelling Circumstances EAD).
The IRS's classification of the income (W-2 vs 1099 vs royalty) is irrelevant. USCIS asks one question: are you performing services in exchange for compensation, and is that activity authorized under your status? If the answer is "performing services for someone other than my H-1B sponsor," the IRS form doesn't save you.
The cleanest play: concurrent H-1B
8 CFR 214.2(h)(2)(i)(B) explicitly authorizes holding multiple H-1B petitions simultaneously. Each employer files its own I-129; each pays you separately on W-2; each can be in a different specialty occupation. The big strategic benefit: if your primary H-1B ends (layoff, mass termination), the second concurrent petition keeps you in valid status with NO 60-day grace clock. This is the cap-exempt-insurance play (see cap-exempt employer database) taken to its logical conclusion.
The H-1B founder dance
You can incorporate. You can sign formation documents. You can raise capital and own equity. What you can't do is perform operational work for your own company without an H-1B that sponsors you to do so. Solo founders can't sponsor their own H-1B because they control their own employment (the bona-fide employer-employee test). The path that works: appoint an independent board OR bring in a majority outside investor who controls hire/fire of the founder, then have the company file an H-1B for you. Standard sequence: incorporate → board appoints CEO → company files I-129 → start operating after receipt notice. The "I'll just incorporate now and start working once H-1B is filed" pattern is what gets people in trouble.
What "unauthorized employment" actually costs
INA §237(a)(1)(C)(i) makes unauthorized employment a deportation ground. But the bigger long-term cost is what it does to future applications: a single past instance of unauthorized work can (and routinely does) get cited as a basis for denying a future change of status, a green card adjustment, or even naturalization decades later. There's no "I'll just file taxes correctly to fix it" cure. The violation survives.
The most common foot-gun for laid-off H-1B workers: "just one quick consulting gig" between roles. It feels harmless and you'll never get caught at the time — but it shows up in I-485 background review three years later when an attorney asks for a complete employment history. Don't.
This is an information-only tool, not legal advice. You are responsible for your decisions. When in doubt, consult an immigration attorney.