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  #1 (permalink)  
Old 02-11-2010, 04:00 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB3
I140 Mailed Date
:
01/05/2003
Chargeability
:
Austria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Sep 2007
Posts: 114
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Default INS visit

we had an ins visit this week, since I just renewed my H1B but i also have an I485 filed, I am not sure which this visit was for.
But my hi1b just started with Feb 1st and they were asking for paystubs which i could not have for the new visa.
Also if the company put in a higher salary in the h1b letter and what i might be paid will be between the listed salary and the prevailing wage is that ok?
can they give us problems about this? Granted my old h1b just ran out end of january and i got paid more than what was listed on that employment letter so everything till jan was fine.
The reason why we are being paid less is the economy the whole office took a 35/40 paycut basically they are all working 35 hr weeks I work 40 hrs to not violate the h1b but they cut my pay since they knew it was above the old H1b salary from 3 years back.
Now when thhey filed the new one, they put in my full salary but they havent switched me or anyone else over this week, i just am wondering if they have to switch me back to the full salary or as long as the cut one is above prevailing wage can they go with that?
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  #2 (permalink)  
Old 02-11-2010, 04:08 PM
US Immigration Attorney
Law Offices of Prashanthi Reddy
42 West 38th Street Suite 1104
New York, New York-10018
http://www.reddyesq.com
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If you are working full time you have to be paid the listed salary from your I-129 petition, which has to be equal to or above the prevailing wage as of the date of filing your petition. If you want to be changed to part time, you will have to file for an amended petition to part time and you will be paid based on the number of hours that you work. Hope that answers your questions.
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