Is working Part time on H1 Legal

[sunnymenlow]

Hi vinny is on a H1B.

His Company filled for H1 Extension (His first H1 expired in August).

He currently got laid off from his company.

His company aggreed to have him to work part time 20 hrs/week in his company. And company filled an addendum to that effect with DOL.

1) If his H1 is approved, is he Legal.

2) At this stage, can he apply for a H1Transfer from any other company, even before H1 Extension approval.

Thanks
Sunny

 

[lca_001]

Well, since the company filed an addendum, so DOL has been informed, it might be ok, but DOL may not like the 20hrs/wk situation... If his H1 gets approved (with the fact that he is working 20hrs/wk) then I dont see why it is illegal.

(On a different note, if the employer does not inform the BCIS, and you move on to some other job, you can successfully sue your company for back wages - as someone did -- he got laid off, and moved on, but the company did not notify INS, so this dude sued, and won all the back wages!!!)

>2) At this stage, can he apply for a H1Transfer from any other company, even before H1 Extension approval.

Should not be a problem.

Originally posted by sunnymenlow
Hi vinny is on a H1B.

His Company filled for H1 Extension (His first H1 expired in August).

He currently got laid off from his company.

His company aggreed to have him to work part time 20 hrs/week in his company. And company filled an addendum to that effect with DOL.

1) If his H1 is approved, is he Legal.

2) At this stage, can he apply for a H1Transfer from any other company, even before H1 Extension approval.

Thanks
Sunny