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

Royal Oak, MI |
Attorney answers 4

Best Answer
Posted

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/client relationship will begin until you sign a representation agreement and make a retainer payment to open a case with us.

Asker

Posted

So Can I apply for F1 and h1b at the same time ? I just found an employer who is willing to hire me but the problem is that I have a medical degree from a foreign country and I want to earn a US diploma in dentistry. In order to get into the dental program I have to attend it full time only for 2 straight years . Don't know what to do should I apply for H1b or f1 and then H1B or BOTH at the same time . Kindly ask to advise me

Posted

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.

Christopher Michael Pogue

Christopher Michael Pogue

Posted

This is not correct as a matter of law or as a matter of spelling. You need legal "advice" not "advise".

Posted

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.

Christopher Michael Pogue

Christopher Michael Pogue

Posted

This too is not correct. You may work on an H-1B and attend school so long as you comply with your H-1B requirements as petitioned for by your employer.

Posted

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

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