Am I required to work full time only under H one B Visa ?

Asked almost 2 years ago - Royal Oak, MI

I am planning on attending University and working part time ? Is this possible to do with H-one B since my employer is my sponsor ?

Attorney answers (4)

  1. Christopher Michael Pogue

    Contributor Level 12

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . A very good question. An H-1B petition allows for full or part-time work so long as you are being compensated above the Prevailing Wage, and complying with the other general H-1B rules and regulations.

    However any change in your H-1B will require your employer to submit an amended H-1B petition, prior to any changes in your current approved H-1B.

    You may attend classes part-time so long as it is not the primary purpose of your stay in the US, and merely incidental to your primary work on the H-1B.

    Your other options could involve attending a school that allows for CPT work as part of your degree program. To pursue this you would change your status to F-1 Student, enroll in school full-time, and work on CPT as part of your degree. After you graduate you can work on OPT for up to 12 months, and if your major is in STEM you can extend your F-1 OPT for a further 17 months, all before going back on H-1B.

    We cannot provide legal advice or recommendations unless you retain our law firm to represent you. No attorney/... more
  2. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . You are allowed to work part time but if the visa was for ful time it will need to be updated.

  3. Michael M. Yalovenko

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Most likely not as the H-1B visa implies that you are working full time for your employer. Consult with an experienced attorney who can give you a better advise based on the circumstances and details of your case.

  4. K Alexandra Monaco

    Contributor Level 9

    2

    Lawyers agree

    Answered . An H1B Visa is an employment Visa, as per its terms, you must remain employed with your employer. If you now wish to attend school, you would need a student visa.

Related Topics

US visas

There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

H1B speciality occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

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