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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 03-03-2009, 12:32 PM
Junior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
12/10/2006
Chargeability
:
Hong Kong
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Mar 2007
Posts: 16
xstal is infamous around these parts xstal is infamous around these parts
Question h1b - salary reduction - urgent help! PLEASE!

h1b, stamped since Dec 08'
have valid h1b until Sept 2011

485 - July 07 filer
had 1 EAD + AP before - but i had let them lapsed (expired Oct 08') since i was going to be using my H1b anyway

employer told me yesterday that there will be a 10% paycut for the entire company.
is 10% paycut considered "significant" - will i violate my H1b status because of this paycut?
do i need to do anything?

if so, what are my options?
Answers on Murthy varies, from
1. "as long as i am still at or above prevailing wage, i should be OK" - which I think I am, but i will need to double-check.
2. "employer must file another h1b when the salary amount changes" - this is very unrealistic, in this economy, my boss may come back to me next month and say he need to cut 10% more, do i keep filling a new H1b, everytime something changes? this seems to be a dead-end road.
3. "as long as the amount is not significant, it should be OK" - which goes back to me earlier question as to what constitute "significant"


i am really confused and concerned here.
i thought about getting my AP+EAD back and use that to work for my employer to eliminate this salary amount concern, but i looked up the processing times in Nebraska for EAD + AP, it looks like it is going to take 3 months.

so until i get the EAD+AP, what should I do?
should i be concerned that the paystub for the next few months (until i get EAD+AP) will be less than on my approved h1b, is this going to haunt me later? for my gc process?

one last thing, i am assuming, since i filed my I-140 (approved) way back in 2006, and it was based on my salary then, even with the 10% reduction now I am still above my salary at 2006 level, therefore I DO NOT have to be concerned about my GC process (LC, approved 1-40, pending i-485 etc), is this correct?


thank you so very much for your help!
any comments/ideas appreciated.
i hope no one else is in my situation or worse, we will pull through this economy.

thank you thank you!
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  #2 (permalink)  
Old 03-03-2009, 12:49 PM
Junior Member
Priority Date
:
Jan-06
Category
:
EB3
I140 Mailed Date
:
04/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jun 2007
Posts: 15
arbhaat will become famous soon enough arbhaat will become famous soon enough
Default You Should be fine

As long as your pay remains at or above the prevailing wage for similar position in your work locality, you should be fine. These rates are different for each state and county. You can check your state's labor department's website. Usually good established companies pay much higher than the prevailing wages anyways.

In this difficult economic situation, prevailing wage, by definition should also be revised, although it may not be reflected into any official document soon enough. So I believe H1B revokations/issues based on wages are unlikely.
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  #3 (permalink)  
Old 03-03-2009, 01:55 PM
Junior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
12/10/2006
Chargeability
:
Hong Kong
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Mar 2007
Posts: 16
xstal is infamous around these parts xstal is infamous around these parts
Default really?

really? you think?
anybody else?

i really do hope so

it is this line on Murthy that is totally freaking me out.
"The employer cannot simply reduce the hours (and pay) without amending the H1B petition and LCA. "

see link - http://www.murthy.com/news/n_pth1re.html

i am in california, can anyone provide me a link to look up the prevailing wage? i'd rather do this myself to make sure.
but i always get sooo lost on the DOL website.
how was the prevailing wage determined when i filed my h1b? (my lawyer did that initially, but i don't trust him)

thank you thank you very much for your help!
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  #4 (permalink)  
Old 03-03-2009, 03:04 PM
Junior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
12/10/2006
Chargeability
:
Hong Kong
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Mar 2007
Posts: 16
xstal is infamous around these parts xstal is infamous around these parts
Default i am just trying to get to the bottom of things

i am just concerned and stressed-out
i appreciated response from arbhaat greatly
and have always be courteous on the forum

i did do a search for "salary cut" and didn't see any answer related to h1b, most are related to lc/gc.

if you are kind enough to perhaps send me the links, if i've missed something, i'd appreciate it.


so precisely, what did i do to deserve red dots?
the level of intolerance is astounding.
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