L1B switching to part-time

[nitin.muddana]

Hi, I am on L1B visa in the US. My current employer is spinning out a new entity and I will transitioning to a full time role in this new entity.

The arrangement is that I switch to a part-time role with my current employer from February onward and work for this new spin-off entity ('new employer') for the rest of the time.

My question is:

1) Am I allowed to work with this 'new employer' (a US entity) while still working part-time under my current employer indefinitely. (They do not have an objection to working the rest of the time with my employer)

2) My new employer is willing to sponsor my H1B in April. Can I continue working for them from February to the time H1B gets approved?

3) If this is not a possible arrangement, can my new employer (the spun off entity) be a non-US entity i.e. can I work part-time for my current employer and rest of the time for a non-US entity doing business in the US?


Appreciate your help.

Thanks,
Nitin

[raghvi]

Hi, I am on L1B visa in the US. My current employer is spinning out a new entity and I will transitioning to a full time role in this new entity.

The arrangement is that I switch to a part-time role with my current employer from February onward and work for this new spin-off entity ('new employer') for the rest of the time.

My question is:

1) Am I allowed to work with this 'new employer' (a US entity) while still working part-time under my current employer indefinitely. (They do not have an objection to working the rest of the time with my employer)

2) My new employer is willing to sponsor my H1B in April. Can I continue working for them from February to the time H1B gets approved?

3) If this is not a possible arrangement, can my new employer (the spun off entity) be a non-US entity i.e. can I work part-time for my current employer and rest of the time for a non-US entity doing business in the US?


Appreciate your help.

Thanks,
Nitin

Your case would need careful examination by experienced attorney as to the impact of separating the entity. Companies making internal arrangements need not mean a valid non immigration arrangement. I would advise working with your legal team to determine the options.

This is my opinion not legal advice.