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2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition. 3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties. Have a good day! ________________________ Not a legal advice US citizen of Indian origin |
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Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits. So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment. Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to file an amendment? If yes, which H1B or LCA or both? Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also? Quote:
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Dear Parshanthi Mam,
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing? Thanks a lot again. Quote:
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When the USCIS finds out and makes a determination that you are out of status, that is when you will be in trouble, or if you go outside the country for a visa, if they notice that you W-2 has a very low amount, they may refuse to give you a visa. When you file the transfer if the USCIS finds out that you have violated your status, they will still approve you h-1 for consular processing, they may not approve your request for a transfer.
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