Is 35 hours/week full time? or part time? for H1B

[chachi]

I have been offered a 35 hours/week position in another company. Is this consider full time or part time job for H1B?

I am actually holding a 40 hour/week position and I know 40 hours is full time but I am not sure about 35 hours

Please let me know,

Thanks,

Chachi

[CCR]

part-time

[pontevecchio]

What is the significance?

[chachi]

I just want to know how Immigration will see the 35 hours instead of 40 hours in order to be approved.

For that I am asking if 35 hours is considered part time or full time.

Thanks,

Chachi

[pontevecchio]

Part time vs. full time H1 should make no difference per se. The only implication is whether the employer considers this FT or not in which case you may get full benefits like Health Ins. etc.

[JoeF]

From http://www.dol.gov/whd/regs/compliance/whdfs68.pdf

A full-time week is 40 hours per week, unless the employer can demonstrate that less than 40 hours per week is full-time employment in its regular course of business. In no event would less than 35 hours per week be considered to be full-time employment.

[JoeF]

Part time vs. full time H1 should make no difference per se. The only implication is whether the employer considers this FT or not in which case you may get full benefits like Health Ins. etc.

The employer may not be quite that free about the choice.

For example, state law may say that 35 hours/week is fulltime.

E.g., this in Massachusetts: http://www.mass.gov/bb/h1/fy10h1/os10/h12.htm

"Full-time employee", a person employed in the commonwealth for 35 hours or more per week.