A potential H-1B visa violation is raising concern for an Indian tech professional in the U.S. after working part-time for over three months while officially on a full-time H1B visa.
The individual, who posted on Reddit, outlined their employment timeline: having worked on OPT from August 2022 to June 2023, then on STEM OPT until October 2023, before transitioning to H-1B status. However, after the H1B became effective in October, the person continued working part-time until mid-January 2024—despite having an approved Labor Condition Application (LCA) and H-1B filed for full-time employment.
According to U.S. immigration laws, H-1B workers must be employed under the terms specified in their petition and LCA—typically including full-time hours and specific job duties. Working part-time under a full-time H-1B petition may be considered a status violation, potentially impacting future Change of Status (COS) requests or H-1B transfers.
The worker said the part-time arrangement initially began during STEM OPT when such flexibility was allowed, but it mistakenly continued after the H-1B start date due to financial constraints at the company. The individual has expressed concern about future USCIS inquiries into their pay stubs during transfers or extensions.
Reddit users responding to the post noted that while the period of non-compliance could raise red flags, it may not significantly impact future petitions if current employment terms are in compliance. One user suggested the worker should request back wages for the shortfall to help establish compliance retroactively.
“If your employer is willing to compensate you for the unpaid hours and make up the difference, that’s a good step. But technically, it could still be seen as a violation,” a user commented.