Yes. Under certain circumstances and assuming the employer has moved forward with the permanent residence (“green card”) process on behalf of the foreign worker.
FAQs about the Foreign Worker
How long can the foreign worker remain in H-1B status?
The foreign worker may be admitted in H-1B status for a maximum of 6 years. The 6 year limit does not apply to foreign workers that reside less than 6 months a year in the United States or are seasonal or intermittent employees. Time spent outside of the United States is subtracted and does not… Read More
Can the foreign worker work at different locations for the same employer?
Yes. Assuming that the locations of employment were disclosed in both the H-1B petition and Labor Condition Application.
Can the foreign worker take a leave of absence?
Yes. Assuming that s/he continues to be employed by the U.S. employer and intends to return to work, the H-1B status will remain valid.
Can the foreign worker take a vacation?
Yes. Assuming that s/he continues to be employed by the U.S. employer and intends to return to work, the H-1B status will remain valid.
Can the foreign worker be employed by more than one employer?
The H-1B visa is particular to one employer. As such, the foreign worker must possess a separate H-1B visa for each employer that employs him or her. This means that each employer must file a separate H-1B petition with the USCIS.
Can the foreign worker change employers?
Yes. If the foreign worker is present in the United States in valid H-1B status then the foreign worker can begin employment with the ‘new’ company as soon as the H-1B petition is filed by the ‘new’ company with the USCIS (this assumes that the foreign worker’s new employment is in the same or a… Read More
