Legal Question in Immigration Law in Massachusetts

Hi,

I work for company A on a H1b Visa. Company B has offered me a new job and have filed my visa transfer. The ccompany B wants me to start workin as the receipt has been received. I know that it is absolutely fine as many of my friends have done that.

Now the biggest issue is Company A wants me to continue to work as parttime till they find a replacement. I asked the to file a amendemtn in the current H1B visa to change it to partime. They said they will do it. Now I have started working for Company B and also recived my pay for 2 months and I have also been working with Company A as parttime and recived part salary. Today the HR from Comapany A says that we dont have to file the amedment as per the attorneys suggestion.

I scared that this is illegal and could get me into trouble.


Asked on 8/14/13, 8:25 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If there is a substantial change of conditions of the approved H-1B employment, then the employer is supposed to file an amendment. Such substantial changes include going from full time to part time employment, change of job site, substantial change in salary & change in job duties.

If USCIS issues an RFE for Company B, requesting your current pay stubs with Company A, then there might be a problem. However, if the I-129 with Company B gets approved without incident, then you'll be fine.

You may want to re-consider as to whether or not you want to continue part time employment with Company A, if the I-129 was approved for far more hours than you are actually working.

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Answered on 8/14/13, 11:31 am


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