H1B Question

[dbarashi]

I am currently working at company X. it looks like this company will not stay a live for a long time so i was looking for a part time job in another company. i got an offer from company Y and i would like to know the following :

1. can i apply for a second H1 Visa ?
2. does it matter if the visa is for a part time job , and do i need minimum number of hours a week to get the visa?
3. does company Y need to specify in the offer letter or visa application that this is for a part time job?
4. if i need to leave company X after i got the second H1 visa will i be able to work as a full time employee at company Y with the H1 visa they issued for me for the part time job?

Thanks for the Help.

 

[Jim Mills]

Part time

1. can i apply for a second H1 Visa ?

Yes.

2. does it matter if the visa is for a part time job , and do i need minimum number of hours a week to get the visa?

Yes, it matters since INS may question your ability to support yourself and your family if the hours, and the resulting income, is too low.

3. does company Y need to specify in the offer letter or visa application that this is for a part time job?

Yes, it is on the I129 form.

4. if i need to leave company X after i got the second H1 visa will i be able to work as a full time employee at company Y with the H1 visa they issued for me for the part time job?

Really the new company should file an amendment to be 100% safe but there is an argument that a change from part time to full time is not a material change so no amendment would be necessary.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702

 

[dbarashi]

Thanks for reply and more Questions

Hi Jim,

I appreciate your reply and I have some more questions :

1. regarding #2 in previous message : why INS will questioned me if I have another job as full time that give me enough money to support myself and family? and what is a realistic number of hours to ensure they will not ask questions?

2. Is it better that the company specify in the offer letter(or i-129) that the initial purpose is for x% of my time and in y months the plan is to become a full time worker?