Full time to part time

[Louisville79]

I'm a full time employee. My LCA states my job is for 40 hrs/week. I'm not happy with my work place, so I've been working only 34.5 hrs per week since last 6 months. I'm not really happy with my workplace. I talked to my lawyer and he said since I'm not working 40 hrs/week we will have to file H1b amendment.  My current employer has applied for Green card and I'm hoping to get my I-140 soon(It has been close to 4 months perm was filed). 

Given the current immigration situation is it a good idea going for amendment ? In reality I would like to further cut my hours to only 25/week. If that is a risk, is it ok if I file an amendment for 35/week ?

 

What do you guys think ?

[Surfer123]

Your employer and attorneys need to check H1B rules first. This may not be the latest but here is one link that defines what entails to be a FT employee on H1B program https://www.dol.gov/whd/regs/compliance/whdfs68.pdf

Not sure how you were allowed to work less than 35 hrs since last 6 months and I would be surprised if any sane employer would provide all H1 benefits while employing someone part-time. I would suggest to be sure of rules first before making decisions

[Ninal]

can you be on h1 without a full time job? 

[jackhardy]

Yes you can work on part time h1-b visa. An amended H1B petition needs to be filed with USCIS to change a full-time employee to a part-time employee, and/or vice versa.