Ammend H1B petition

I recently changed my job and the company i was previously working for has agreed to keep me on PRN. I have a valid H1 B with this company for another year. However, they are saying there is no need to file for ammendment on my current H1B with them because they filed my H1 B with part-time hours. Is that true? Can companies do that or would I get in trouble for working PRN?

Asked on June 22, 2016 under Immigration Law, Indiana

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the petition was originally filed for part time hours then it does not need to be amended.  However, to be certain, you should take a look at the LCA which was submitted and the I-129, as those are the actual documents that were submitted to USCIS and you have a right to have a copy of them from your employer.


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