Question regarding potential issues at the time of H1B transfer or change of status.

Question

I am working on H1B visa. In the year 2023, my employer was facing a financial crunch, I was afraid of getting laid off. Hence, I decided to do part-time voluntarily for a few months thinking this way company could retain my position. I didn't want to be a financial burden on my company. During that time, I up-skilled myself and performed research. After a few months, things got settled down and again started working full-time. If my petition (I-129) was filed for full-time and if I voluntarily did part-time for a few months, did I violate my status? What are the consequences at the time of H1B transfer? How to navigate the situation? One of my friends told me, that at the time of future H1B transfers, USCIS may approve the petition but issue a new I-797 without the I-94, which means your current visa becomes void, and eventually you have to go out of the country for a visa stamping. Will I be facing any issues at the time of change of status like H1B to B2, if it's required in future?

James L. Arrasmith · Answer

Working less hours than specified in your H1B petition could potentially be considered a status violation, since the visa terms require maintaining the employment conditions outlined in your I-129. While your intentions were admirable in trying to help your employer, reducing hours without filing an amended petition might raise concerns during future immigration processes. 
 
For H1B transfers, you should be prepared that USCIS may scrutinize your employment history, and your friend's observation about receiving an I-797 without an I-94 is a possibility. In such cases, you would need to travel abroad for visa stamping to maintain valid status, though this isn't guaranteed to happen - each case is evaluated individually based on the specific circumstances and documentation provided. 
 
Regarding future immigration processes like changing status from H1B to B2, previous status issues could impact the outcome, but being honest and providing clear documentation about the situation is crucial. You might want to gather evidence showing your continued employment relationship during that period, including any communications about the temporary arrangement, proof of ongoing work activities like research and skill development, and documentation showing your return to full-time status when conditions improved.

Q: Question regarding potential issues at the time of H1B transfer or change of status.