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Pay Hour Cut on H1


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#1 Frugal

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Posted 28 March 2012 - 11:12 AM

Hello Everyone,
I need a opinion on an issue I am going through now. I am on a full time position .Our company is doing bad and we are having pay cut. Our company has money to pay until April 30th(hour reduced to 30 hr/week). I have two options one work full month of april and I need to find an employer by may 1st or I can stay until May 30th but 15 hrs/week for the month of april and 15 hr/ week for the month of May.

If I select 15 hr/week would I have any issue with my current H1 status.

Please let me know on this. Advice on this would be great.

Surendar

#2 JoeF

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Posted 28 March 2012 - 12:47 PM

If the company wants to cut your hours, they would need to amend the LCA and the H1.

#3 Attorney_22

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Posted 28 March 2012 - 02:30 PM

Generally, an individual may maintain their H1B status when pursuing part-time work. However, this change in employment should be recorded with the Department of Labor by filing a new LCA and with USCIS by filing an amended H1B petition. If you have additional questions, it is advisable to speak directly to a qualified U.S. immigration attorney.

#4 Frugal

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Posted 28 March 2012 - 03:48 PM

Thanks for the reply.What if they keep on payroll and reduce my salary until I find a new job..Does it still begs to send information to USCIS.

#5 JoeF

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Posted 29 March 2012 - 03:09 AM

Thanks for the reply.What if they keep on payroll and reduce my salary until I find a new job..Does it still begs to send information to USCIS.

If the H1 states full time hours, the company has to pay for full time hours.
If they want to reduce the hours, they absolutely have to amend the LCA and the H1. Period.

#6 manusri

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Posted 29 March 2012 - 02:55 PM

Hi i am facing a similar situation. My employer was employing me 40 hrs per week but starting next week April 2nd the work hours are cut to 32 hrs/week. Now they are going to apply for my H1B Visa next week. What do you think my employer should do apply for a regular VISA or the part time VISA?. Also does notifying the DOL about change in number of hours mean a completely new H1B application with new I 94 or just an amendment in the LCA?

#7 JoeF

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Posted 29 March 2012 - 03:09 PM

Hi i am facing a similar situation. My employer was employing me 40 hrs per week but starting next week April 2nd the work hours are cut to 32 hrs/week. Now they are going to apply for my H1B Visa next week. What do you think my employer should do apply for a regular VISA or the part time VISA?. Also does notifying the DOL about change in number of hours mean a completely new H1B application with new I 94 or just an amendment in the LCA?

Full time means 35 hours/week or more. Anything below that is part time.
If the hours change, an LCA amendment and H1 amendment is needed.


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