Yes, it is possible for an H-1B employer to file a single
petition that covers work at multiple locations and on different projects.
However, it is important to obtain approval for the necessary Labor Condition
Application (LCA) that includes the relevant work sites and project details.
Additionally, an itinerary should be provided to account for the beneficiary's
work locations and schedule.
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Most Common Q & A
You've Come to The Right Place
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Q1.Can a single H-1B petition cover working at two different locations on two different projects?
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Q2.My employer filed an H-1B amendment for me two months after I switched to a new employer. Should I be concerned about this?
If by "new employer" you mean a new end-client or job site but the employment agreement and control remain with the H-1B employer who filed the amendment, then it is expected that the amendment should have been filed before your relocation, unless the new end-client is within a reasonable commuting distance from your original job site. However, if "new employer" refers to having an approved H-1B transfer, the amendment filed by your previous employer should not have any impact on your current situation.
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Q3.Do I need to be paid during maternity leave while on H-1B status?
H-1B employees are entitled to the same rights as other workers. Under current US law, maternity leave can be unpaid, so not receiving payment during your maternity leave will not be a violation of your status.
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Q4.Is it permissible to collect gambling or lottery winnings while on H-1B status?
Winning gambling or lottery prizes is generally not an issue, as long as you are not engaging in gambling activities that qualify as another job or occupation. Occasional gambling and collecting winnings should not pose any issues with your H-1B status.
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Q5.Do I need a new visa stamp for travel once my H-1B amendment is approved?
Unless your current visa stamp has expired, you can still use it for travel purposes even after your H-1B amendment is approved. An H-1B amendment does not require obtaining a new visa stamp.
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Q6.If my H-1B cap petition is pending, and an RFE has been issued requesting a client letter, can I submit a letter from my current client?
No, the RFE specifically requires a letter from the end-client mentioned in your original H-1B filing. Submitting a letter from your current client is likely to result in a denial.
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Q7.I'm nearing the end of my 6-year maximum H-1B period, but due to compelling medical reasons (such as a premature newborn requiring ICU care), I cannot travel and leave the country. Can my H-1B status be extended for medical reasons?
The 6-year maximum limit for H-1B status is set by law and does not provide exceptions for humanitarian or medical reasons. In such cases, individuals unable to travel may consider applying for a change of status to B-1/B-2, but it's important to note that you would not be authorized to work during that time.
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Q8.I was laid off from my H-1B job and have filed for a change to B-2 status. If I find another job, can I switch back to H-1B by having the new employer file for me with premium processing?
In most cases, returning to H-1B status after being in B-2 status would require consular processing, as a change of status from B to H-1B may be complicated due to the underlying immigrant intent of H-1B status. It is unlikely to be accepted as a simple change of status. Consulting an immigration attorney would be advisable in your situation.
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Q9.My H-1B petition is pending, and I'm currently on cap-gap status. Can I pursue a master's degree at a different university, and will the new SEVIS number affect the processing of my H-1B case?
Your SEVIS record remains active during the cap-gap period, so it can be transferred to the new university without a new SEVIS number being issued. Pursuing a master's degree at a different university should not impact the processing of your H-1B case. Your H-1B case is evaluated based on maintaining valid F-1 status during the cap-gap period.
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Q10.I'm currently on H-1B with a signed 2-year commitment to my employer, but I am unhappy and wish to change employers. Will USCIS deny my transfer request based on the signed offer letter?
USCIS does not involve itself in employment-related contractual disputes. While H-1B employers are generally not allowed to penalize beneficiaries for seeking other employment, it is recommended to consult an attorney who specializes in employment law to assess the binding nature of the offer letter in your specific circumstances.
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Q11.I have an approved H-1B petition for full-time employment and another approved petition for a concurrent part-time position. Should I include both on my visa application?
The visa will only be granted based on one approved petition, but it is necessary to inform the consular officer about the other approved petition during the visa application process.
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Q12.I'm an H-1B employee with a pending transfer to a new employer. Can I continue working with my current employer for another 6 months before transitioning to the new employer?
While it is technically possible to remain with your current employer and then transfer to the new employer after 6 months (provided the current employer does not revoke the H-1B approval), this may not be viewed favorably by the new employer and could create complications for future status adjustments, visa applications, and compliance with immigration regulations.
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Q13.How far in advance can I apply for an H-1B extension?
H-1B extensions can be filed up to 6 months prior to the requested start date mentioned in the extension application.
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Q14.I will be laid off by my H-1B employer in 30 days, and I may not find a new job before the layoff and USCIS notification. Is it possible to change to B or F status?
If you are unable to secure a new job before the layoff and subsequent USCIS notification, your H-1B status will end on the last day of employment. To file for a change of status, you generally need to be in a current valid status. Consulting an attorney regarding the specifics of your case is recommended.