Change from part time to full time H1b visa

love_u_akshay

Registered Users (C)
I am currently working on my H1b visa for a university and am exempt from the H1b cap. My visa was approved for 32 hours/week and thats what i work currently. Now, my employer (university) wants me to work 40 hours per week on the same job. How do we get this done? Do we have to file a new H1 B or can the university just send a notice to USCIS and let them know of the change?
 
love_u_akshay said:
I am currently working on my H1b visa for a university and am exempt from the H1b cap. My visa was approved for 32 hours/week and thats what i work currently. Can you elaborate where in your visa says 32 hours? Now, my employer (university) wants me to work 40 hours per week on the same job. How do we get this done? Do we have to file a new H1 B or can the university just send a notice to USCIS and let them know of the change?
 
It does not say anywhere abt 32 hours on the visa. But the Petition that was filed for the H1 b was for 32 hours. Now the university person says that he might need to file a new petition to get it to 40 hours?
 
love_u_akshay said:
It does not say anywhere abt 32 hours on the visa. But the Petition that was filed for the H1 b was for 32 hours. Now the university person says that he might need to file a new petition to get it to 40 hours?
Usually h1 is for std 40 hours/week only, any thing less than that only need INS special permission/amendments.
 
Thanks great guru.
But then how do i start working 40 hours. Do we have to at least send a letter to INS informing them of this? Becoz they still will be having the petition that had my job offer letter stating 32 hours per week work schedule
I am utterly confused now great guru. Please explain in detail what you mean by saying that h1 cannot be done for less than 40 hours. Also, i have read somwhere that INS can grant a H1b for part time job. Mine is a kinda part time job isnt it?
 
love_u_akshay said:
Thanks great guru.
But then how do i start working 40 hours. Do we have to at least send a letter to INS informing them of this? Becoz they still will be having the petition that had my job offer letter stating 32 hours per week work schedule
I am utterly confused now great guru. Please explain in detail what you mean by saying that h1 cannot be done for less than 40 hours. Also, i have read somwhere that INS can grant a H1b for part time job. Mine is a kinda part time job isnt it?

If your school wants, let them send one letter to INS. You can just start working on 40 Hours.
 
great guru said:
Usually h1 is for std 40 hours/week only, any thing less than that only need INS special permission/amendments.

I hate to disagree but this is just plain wrong. I have seen H-1Bs approved all the way down to 20 hours a week. All you do is mark "part time" on the petition and list the number of hours. There is no requirement that an H-1 be full time.

As to the question, it really is a matter of judgement. Generally, an amended petition needs to be filed any time there is a material change in the employment and a material change is generally a change that could effect the approvability of the case. I could take the position that an INCREASE in hours does not effect the approvablity of the case. I would recommend the petition be amended though since the filing fee to amend a case such as yours is only $185.00.
 
Jim Mills said:
I hate to disagree but this is just plain wrong. I have seen H-1Bs approved all the way down to 20 hours a week. All you do is mark "part time" on the petition and list the number of hours. There is no requirement that an H-1 be full time.

As to the question, it really is a matter of judgement. Generally, an amended petition needs to be filed any time there is a material change in the employment and a material change is generally a change that could effect the approvability of the case. I could take the position that an INCREASE in hours does not effect the approvablity of the case. I would recommend the petition be amended though since the filing fee to amend a case such as yours is only $185.00.

It means, I can bring a programmer from India just to do 8 hours job per week and socialise remaining hours. Do you beleive INS is so generous now a days.
 
great guru said:
It means, I can bring a programmer from India just to do 8 hours job per week and socialise remaining hours. Do you beleive INS is so generous now a days.

Consulate will make sure that you will not become public charge with that salary.
Usually part time H1B is issued for second job.
 
Thank you great guru, Jim Mills and tammy2. The discussion looks pretty much interesting.Thank you so much for trying to sort out my problem. So what are the steps that you guys suggest i take to get through this situation and work 40 hours a week?
Thanks once more guys.
 
love_u_akshay said:
Thank you great guru, Jim Mills and tammy2. The discussion looks pretty much interesting.Thank you so much for trying to sort out my problem. So what are the steps that you guys suggest i take to get through this situation and work 40 hours a week?
Thanks once more guys.
Work 40 hours or more ask your employer to send a letter to INS to inform it. If INS need any change or amendments on H1, they will inform.
But it is not illegal to work 40 hours on H1.
 
Concurrent H1

tammy2 said:
Consulate will make sure that you will not become public charge with that salary.
Usually part time H1B is issued for second job.
yes,Concurrent h1b is approved facilities given by INS
 
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