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Q: Who can an H-1B alien work for?
A: H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described
in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another
employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for
more than one U.S. employer, but must have a Form I-129 petition approved by each employer.
Q: What if the H-1B worker’s circumstances change?
A: As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not
mean that an alien is out of status. An alien may change H-1B employers without affecting status, but
the new H-1B employer must file a new H-1B petition for the alien before he or she begins working for the new employer.
Q: How does a merger or sale of business affect H-1B status?
A: The merger or sale of an H-1B employer’s business will not affect the alien’s status in many
instances. However, if the change means that the alien is working in a capacity other than the specialty
occupation for which they petitioned, it is a status violation.
Q: Must an H-1B alien be working at all times?
A: As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien
may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation,
sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Need H-1B? Please go to http://www.h1bdiy.com/
Save tons of time, energy and money!
Save tons of time, energy and money!
Q: Who can an H-1B alien work for?
A: H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described
in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another
employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for
more than one U.S. employer, but must have a Form I-129 petition approved by each employer.
Q: What if the H-1B worker’s circumstances change?
A: As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not
mean that an alien is out of status. An alien may change H-1B employers without affecting status, but
the new H-1B employer must file a new H-1B petition for the alien before he or she begins working for the new employer.
Q: How does a merger or sale of business affect H-1B status?
A: The merger or sale of an H-1B employer’s business will not affect the alien’s status in many
instances. However, if the change means that the alien is working in a capacity other than the specialty
occupation for which they petitioned, it is a status violation.
Q: Must an H-1B alien be working at all times?
A: As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien
may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation,
sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Need H-1B? Please go to http://www.h1bdiy.com/
Save tons of time, energy and money!