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H1-B Visa - From full time to part time

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  • H1-B Visa - From full time to part time

    Hello,

    I got my H1-B visa couple years back and I have been working full time (40 hours/week). Recently, my company has been having some financial troubles and has been laying off a lot of employees. They want to reduce my hours from 40 to 30 hours per week.

    My questions are:
    a) Am I allowed to work less than 40 hours per week on my current H1-B visa?

    b) Does my employer need to fill out any application with USCIS to reflect this hourly change? What if they don't?

    c) If I plan to transfer my H1-B to a different company in the future (after getting another job offer), will this part time employment at the current job affect my visa transfer status in any way?

    Thanks!

  • #2
    Hello,

    I got my H1-B visa couple years back and I have been working full time (40 hours/week). Recently, my company has been having some financial troubles and has been laying off a lot of employees. They want to reduce my hours from 40 to 30 hours per week.

    My questions are:
    a) Am I allowed to work less than 40 hours per week on my current H1-B visa?

    b) Does my employer need to fill out any application with USCIS to reflect this hourly change? What if they don't?

    c) If I plan to transfer my H1-B to a different company in the future (after getting another job offer), will this part time employment at the current job affect my visa transfer status in any way?

    Thanks!

    Comment


    • #3
      a) You are not allowed to work under conditions that are different from those filed and approved in petition.

      b) Yes, he would need to file a new petition or file for amendment of terms (not sure, you may consult an attorney, many will know answer right away).

      c) Yes, anything you do will affect future transfers. As part of getting a transfer approved you will be required to prove that you remained in status. This will include producing your paystubs and banking statements which will show how much you earned and how many hours you worked.

      Comment

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