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Question regarding Part-time H1b to Full-time H1b

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  • Question regarding Part-time H1b to Full-time H1b

    Recently I got h1b on part time job, but now the company wants me to be full time employee.

    Do I have to refile for H1b? or does it counts as transfer?

    If I decide to move into new company which also giving me options for either Full-time or part-time employee. Do they have to file for H1b? how does it work?

    Is it just LCA which needs to be updated or I have to go through entire process again?

  • #2
    Originally posted by TNG View Post
    Recently I got h1b on part time job, but now the company wants me to be full time employee.

    Do I have to refile for H1b? or does it counts as transfer?
    If previous petition was filed as a part-time petition, the employer will have to file amendment along with new LCA.

    If I decide to move into new company which also giving me options for either Full-time or part-time employee. Do they have to file for H1b? how does it work?
    There is no option possible. It is either full-time or part-time depending on the way petition is filed. They will need to file a petition using previous petition's cap number. It is just like any other petition.

    Is it just LCA which needs to be updated or I have to go through entire process again?
    See above.
    This is my opinion and not legal advice.

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