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H1B Question: 20 hours/week for first 3 months + no benefits

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  • H1B Question: 20 hours/week for first 3 months + no benefits

    Hi,

    I am writing to request some assistance regarding a prospective job offer.

    I am currently employed full-time with an employer and I am looking to move to another employer. The prospective employer is a small specialized consultant in the field of renewable energy. I will be entering at a senior role.

    The consulting firm has been around for 30 years handling renewable energy projects in 50 countries. However, they operate without much overhead and have no full-time HR/administrative staff. Specifically, they add all costs of benefits, 401k etc to top of the salary and just pay the resulting total amount as salary. Thus, it is expected for the employee to take care of the insurance and other benefits from the "total salary".

    They are requesting me to be paid at 20 hrs/week level for the first three months as they ramp up business in my specific knowledge domain and expect to elevate me to the 40 hrs/week level after 3 months.

    Note that the job pays really well and hence, I am considering it seriously + I will be able to work from home. Is this doable in an H1B visa setting given the part-time + no benefits scenario? If yes, please advise how to proceed.

    Thanks a lot in advance for your time and your patience in helping me figure this out.

    V

  • #2
    Possible. The importan thing is that you need to get paid as mentioned in your LCA. The company need to file a part time H1B and it has to get approved for you to continue workingf or them. I would suggest you to wait until you get the approval before quiting the existing job. If they are in hurry, they can apply for the transfer in premium process.
    Not a legal advice. Use of this information is strictly at your own risk.

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