aremesh Posted June 15, 2015 Report Posted June 15, 2015 Hello, I am in H1b visa. I have recently joined an online course to study a new technology. I did it well and now I have got an opportunity to work for with that new technology for few months. If it works i am planning for change my H1b from the current employer to the newer employer. Now my newer employer is asking me to work for him in the hourly basis like weekly 10 to 20 hrs. And my new employer is suggesting me to contact USCIS and explain about this situation and get a letter from USCIS to work for the new company to make it in the legal way. It brings me to the following questions 1. Did anybody got into this situation, 2. Is it worth of trying to contact USCIS and explain about this situation, 3. Does it affect any of the future H1b extension or GC process? And is there another needed to be considered. Thanks
JoeF Posted June 16, 2015 Report Posted June 16, 2015 The new employer would have to file a concurrent H1 and pay you according to the H1 rules. That's the only way. There is nothing to "explain the situation."
jairichi Posted June 16, 2015 Report Posted June 16, 2015 New employer has to file a H1B petition based on available part-time job.
livliv Posted June 16, 2015 Report Posted June 16, 2015 Will you be working for both the employers simultaneously? If so, the new employer can file a concurrent H1B petition requesting part-time work for you. After it is approved you can work for them. In case you are leaving your current job and joining this new employer, same is applicable except that the petition will not be concurrent. Long story short, they can file a part-time petition.
JoeF Posted June 16, 2015 Report Posted June 16, 2015 Will you be working for both the employers simultaneously? If so, the new employer can file a concurrent H1B petition requesting part-time work for you. After it is approved you can work for them. In case you are leaving your current job and joining this new employer, same is applicable except that the petition will not be concurrent. Long story short, they can file a part-time petition. Of course, the job has to require a college degree to qualify for an H1.
livliv Posted June 17, 2015 Report Posted June 17, 2015 Of course, the job has to require a college degree to qualify for an H1. ?
JoeF Posted June 17, 2015 Report Posted June 17, 2015 ? The OP doesn't say if this second job requires a college degree. He only said he took some online course. That's not enough for an H1 petition.
aremesh Posted June 17, 2015 Author Report Posted June 17, 2015 ? I already have a college degree. But I didn't completed any college degree to get my second job.
jairichi Posted June 18, 2015 Report Posted June 18, 2015 I already have a college degree. But I didn't completed any college degree to get my second job. Do you have a minimum of 4 years bachelor's degree that is relevant to the second job? If yes then employer can file a concurrent H1B petition. Otherwise no.
JoeF Posted June 18, 2015 Report Posted June 18, 2015 I already have a college degree. But I didn't completed any college degree to get my second job. The important thing is that the new job has to require a college degree to qualify for an H1. And obviously, you would have to have the required degree. You can't get an H1 for a job that doesn't require a college degree.
livliv Posted June 18, 2015 Report Posted June 18, 2015 I already have a college degree. But I didn't completed any college degree to get my second job. The second employer will determine the job requirements. If minimum is Bachelors degree, then it is eligible for H1B.
aremesh Posted June 18, 2015 Author Report Posted June 18, 2015 The second employer will determine the job requirements. If minimum is Bachelors degree, then it is eligible for H1B. Yes I do have a 4 years of college bachelor degree. Now I can contact my second employer to file part time H1B - Correct?
jairichi Posted June 18, 2015 Report Posted June 18, 2015 Yes I do have a 4 years of college bachelor degree. Now I can contact my second employer to file part time H1B - Correct? Having a 4 years bachelor's degree will not be enough. It should be related to H1B profession.
JoeF Posted June 18, 2015 Report Posted June 18, 2015 Yes I do have a 4 years of college bachelor degree. Now I can contact my second employer to file part time H1B - Correct? You still don't get it. First, the JOB has to require a college degree. This has to be the industry norm. The employer can't just make things up. Second, you need to have the required degree. Not just a degree, the required degree. Note that even if a degree is required, it may be different from the degree you have.
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