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Ammended H1B petition, part time to full time.

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  • Ammended H1B petition, part time to full time.

    My wife's employer is filing to change her status from part to full time and move her work location to new geographic area about 80 miles from our place. We have little kids and we are concerned, if this arrangement does not work out, how soon would she able to change job to a closer location. She did not have an option as the facility she was working at, got sold.

    Basically, if she has another employer willing to transfer her visa, does she have to wait till this ammended petition is approved or they can file once she have receipt notice in her hand for ammended petition.

    My wife is a Physical Therapist working for a nursing home.

    I would highly appreciate a reply.

  • #2
    If her current I-94 is still valid and if she has pay slips to proved that she was maintaining her H1B status (even if it is part time), then she can file the transfer anytime. She doesn't need to wait for the existing petition to get amended. Any new employer can file a new H1B petition under the existing H1B CAP that she holds and request an immediate start date.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3