Legal Question in Immigration Law in Texas

Re: H1 transfer

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 Form I-129 petition for the alien before he or she begins working for the new employer. 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.

Whether or not an H-1B alien must be working at all times is always a case specific and fact dependent situation.

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.

To further discuss your case, and the specific facts of your situation, please contact us at (212) 618-1830.