Urgent Help Needed!- LCA Ammendment

[ragu_v]

Here is my situation, and I request you to please help me with advice. It’s very urgent.

I have a Ph.D in Physics and I am working for a small semiconductor company. I just

learnt that there will be some budget cuts in my project and my supervisor suggested

that I start looking for new positions and he said that he will switch me from full time to

hourly with a pay cut from Nov 1, 2012 until I find a new position. The new salary would

be lower than prevailing wage of H1B LCA.

Here are my questions.

1. Does my employer need to file a H1B amendment because of salary reduction?

2. If so, when should the amendment be filed? Before the start of new pay rate or

any time ASAP. New pay is effective from Nov 1st.

3. If an amendment is filed, does it risk my current H1 B?

4. What if amendment is not filed?

5. Is the pay tied to the job or the qualifications+ experience?

6. Can an IT consulting company file a H1B for me and find a job in my current

field?

7. I have some publications and have most of the documentation ready for EB2

NIW, and I can possibly use most of the documentation for EB1-A, however as

per one immigration lawyer, my chances of approval for EB1-A are extremely

slim, but per her I can apply in EB1-A which can buy me some time?. So do you

know if this can be done?

8. If point 7 can be done, and if I can buy some time, can I work using that pending

status?

9. What happens to my current status (H1)?

10. If point 7 can be done, then can I also keep applying for companies and can

somebody file for an H1B during that time?

11. What are my options to remain in status?

I have a Ph.D in Physics and have close to 4.5 yrs of experience (2.7 on OPT

and rest on H1B ) in semiconductor, MEMS and nano technologies. If anybody

is aware of any openings or companies which are recruiting, please let me know.

This will be a huge favor.

Any help will be highly appreciated.

Thanks in advance,

R,

[Attorney_10]

Please schedule a consultation with a qualified immigration attorney as soon as possible since the facts of your case appear complex. Based on your facts, it is highly likely an amended H1B petition is required and must be filed before any changes take place. Otherwise, you could fall out of status and your employer could be in violation of the H1B and Department of Labor regulations.