The rules surrounding the H1B visa are pretty strict when it comes to ensuring that working hours align with what the employer submitted to USCIS. If someone has been working part-time after their H1B was approved, while the petition stated they would be working full-time, that could technically be seen as a violation of their status.
However, it’s not always as clear-cut as it seems. If the employer was struggling financially and agreed to a part-time arrangement, it indicates that the employee wasn’t at fault. Plus, working part-time before H1B approval while on STEM-OPT is perfectly acceptable, so that time frame is safe.
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Now, if USCIS requests pay stubs during a future visa transfer or green card application, those 3.5 months of part-time work might raise some eyebrows. The best approach is to keep all relevant documentation handy—like pay stubs, emails, or anything that shows the employer’s consent.
If the employer is willing to compensate for those “missing” hours, that’s a positive step, but it doesn’t completely resolve the issue in USCIS’s eyes. Still, it does demonstrate a willingness to make things right.
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Consulting with a knowledgeable immigration lawyer is a wise decision. Sometimes USCIS is understanding if a petition needs to be corrected due to financial difficulties or other factors beyond the employee’s control. The key is to be honest and straightforward if questions arise later on.
This type of violation won’t necessarily jeopardize future applications if managed correctly. What’s most important is being transparent and prepared.
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Employers also need to tread carefully—they could face consequences for both themselves and the employee if they don’t adhere to the full-time requirements properly.
In summary, while this situation isn’t ideal, it can be navigated. With the right documentation and legal guidance, it’s possible to turn things around. Staying calm and focused on the next steps is the best way to move forward.
