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Posted on 16 May 2009
Q.

Implications of Forced shutdown on H1B status

Currently, I am working on full-time H1B in CA.

My company has decided to have forced shutdown 1 day per week starting from May. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 49K, and my salary in LCA and I-129: 58K and my salary in 2009 : 61K

My questions:
1) Is working 32 hrs still considered full-time and does this have any effect on my H1B status?
2) Since my effective annual salary will be less than 61K due to working for only 32 hrs,will i be out of status? Or Does the company need to file any H1B amendment? IF yes, what? Or my status is unaffected inspite of this?
3) If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only?

User's Location: San Jose, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 18 May 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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