Ammend H1B petition

UPDATED: Sep 30, 2022

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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