The Rundown on Common H-1B

The Rundown on Common H-1B Issues – Transfers, Multiple Employers, Extensions By: Beth Robertie, Associate We get a lot of questions from clients about H-1B visas. While the rules governing H-1Bs are relatively simple, it can be hard to keep them all straight. Here are some simple rules from common situations to keep in mind: * You cannot transfer an H-1B until you have begun working for the employer on the H-1B. That is, even though you may hold an H-1B approval notice (i.e. an approved I-129) that begins in February, you cannot file to transfer the H-1B in January because you have not started working on it yet; hence you are not in H-1B status. If you want to take another job with another employer before you have begun working for the first H-1B employer, you must file for another (new) H-1B. * An H-1B beneficiary can work part-time for multiple employers, but each must file a petition. There is no set number of hours that the beneficiary must work for each employer. * Suppose an H-1B beneficiary is employed by Company A and the H-1B is valid from May 2004 until May 2007. The H-1B beneficiary receives another job offer from Company B and, after filing a petition for Company B, works (only) for Company B from June 2005 until January 2006. As long as Company A has not withdrawn the initial H-1B, the H-1B employer can return to Company A at any time without filing another petition because the initial H-1B remains valid. * An H-1B beneficiary who is laid off or fired for any reason ceases status from the day he stops employment, even if he receives several weeks or months severance. * An amended H-1B is not required where the petitioning employer is involved in a corporate restructuring, such as a merger, acquisition, or consolidation. If the new corporate entity succeeds to the interests and obligations of the original petitioning employer and the terms and conditions of employment remain the same, there is no need for an amended petition. * Leave under the Family and Medical Leave Act does not terminate the H-1B relationship with the employer. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]