If the foreign worker is a manager or executive s/he may be admitted in L-1A status for a maximum of 7 years. If the foreign worker is a ‘specialized knowledge’ worker s/he may be admitted for a maximum of 5 years.
FAQs about the Foreign Worker
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
