H-1B VISA FAQ

Is it possible for an H-1B Visa holder to change or add a new employer?
Yes. the rule is that an H-1B visa is employer specific one. The worker can work only for USCIS approved companies. Every time he want to change a job or employer, a new H-1B Petition is required. Under new regulations of AC21, a worker can start employment for the new employer immediately upon submission of the H-1B transfer petition and receipt of notice from CIS.

Can he go back to the old employer?
The H-1B petition continues to remain valid till it expires or till the employer has revoked it. One can start to work with the first employer without applying a new petition or an amendment.

Can a person work for two employers at a time?
An H-1B worker can work for multiple employers simultaneously. However, each employer must have a separate approval for the worker to work there.

What changes trigger amendments to H-1B Petitions?

There are many a time when a change in the nature of one's employment triggers the need to file either an amendment to an existing H-1B petition or a completely new petition, in certain cases, changing job sites/locations could require an amendment.

Just changes in job titles without a major change in job duties by the employer may not require an amendment. The same applies for increased salary unless the change is so great that immigration presumes that the position is really a new one.

If the company is sold to another company and dissolved the old company, there must be a new petition must be filed. If the new company take all responsibilities of all the things of the old company, then a new petition is normally not necessary as long as the new company take responsibilities of assets & liabilities of the old company including immigration liabilities of its employees. Changes in a company's name will not trigger the need for an amendment or to re file, but an amendment is a good idea.

Is it necessary for H-1B worker being working at all times?

Till the employer and employee relationship is in contract, an H-1B worker is in status. A H-1B applicant can work full or part-time and remain in status. An H-1B alien can be on vacation, sick, maternity leave, or on strike without affecting his or her status with the employer.

Is it allowed H-1B worker travel outside the US?

Yes, if he has a valid H-1B visa in his passport. Also can Re enter US using his H-1B visa, during the validity period of his H-1B status.


H-1B Advanced Degree Exemption

As for the H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.