It is through concurrent employment under 8 CFR 214.2(h)(8)(ii)(F)(6). 8 CFR 214.2(h)(8)(ii)(F)(6) specifically states that the two jobs can be lower than full time or more than full time, as long as “the beneficiary can reasonably and concurrently perform the work described in each employer’s respective petitions”. (6) Concurrent H-1B employment in a cap-subject position of an alien that qualifies for an exemption under section 214(g)(5)(A) or (B) of the Act shall not subject the alien to the numerical limitations in section 214(g)(1)(A) of the Act. When petitioning for concurrent cap-subject H-1B employment, the petitioner must demonstrate that the H-1B beneficiary is employed in valid H-1B status under a cap exemption under section 214(g)(5)(A) or (B) of the Act, the beneficiary's employment with the cap-exempt employer is expected to continue after the new cap-subject petition is approved, and the beneficiary can reasonably and concurrently perform the work described in each employer's respective positions.
