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Full time H1B got laid off - going back to part time H1B

  
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user9 Posted: 13 May 2009 10:38 pm
Hi, I am working in USA on H1B for last eighteen months. I have one full time H1B visa and a concurrent H1B for another job. I have got the concurrent H1B one year back, but I have not yet started working on the part-time job. My full time employer has informed me that they are going to lay me off from next month. My question is, if I get laid off can I go back to the part time job ? Please reply ASAP. Thank you.

Brijith Posted: 18 May 2009 07:55 am
The employer has a legal obligation to pay the H1 employee the salary stated in the H1b petition. In your case, you were not working on the concurrent H1b. When you are on H1b and not getting paid you lose your legal status. So if your part time employer decides to hire you back based on the previous approval, then that employer has a legal obligation to pay you from the beginning of the petition approval for part time work ( you worked or not does not matter).This will cause problem. So in your case, it is better to file a new H1B petition.


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