H1 question: Can one change to part-time status?

[atlantabhopali]

Hello experts,

This is for a friend. Can one change his H1 to part-time for 6 months and maintain his status? This would be the only job the person would have.

The person is currently working fulltime on an H1 for his employer. However, he does not wishes to continue with the employer fulltime as he wants more time to take care of some personal issues over the next 6 months. Hence, he wants to change to part-time (half time) with the current employer.

Is this possible under the H1 law?

If so, what does he needs to do?

Finally, would there be any issues in him returning to fulltime H1 when he is ready for it in sometime?

Please let me know.

Regards,

-ab

 

[wik]

This is an area that could benefit from an attorney's interpretation, but here is what I think and/or know...

My wife had an H-1 for part-time employment, but that is how her application was originally written.

The issue might be one that the benefit of the H-1 is really for the employer - they have a need that requires filling by the visa holder, and that need is expressed in the application: full-time work for a certain amount of pay. Switching to part time for personal reasons - if it does not affect the company - could call into question the need for that employer to have that employee in the first place under the terms laid out in the original application.

But, it's possible that it won't even come up, except maybe in an RFE for W2s or tax returns where the lower income would show something was up.

Again, I'm not an attorney, but perhaps one should be consulted for the ramifications of this. Bottom line is that H-1 holders can work part-time, but I think it has to be established in the application process.