Immigration Issues/H1 and minimum pay

Advertisement


Question
I heard about you from my friend who got the perfect advise from you. I thought I will get some feedback from you regarding my situation.

I came here on H4 and got transfered to H1. I was working in the same company for the last 4 years. But from last March onwards, current work i am doing has got a major cut. My company said they have to cut my salary too. So now they are paying basically 1/2 of my regular hourly rate. Can this be possible?. They said, they can pay me full rate for 1/2 time. ie instead of 40 hours per week, just 20 hours per week?. Is that allowed in the case of H1?. please advise.


Answer
Hi Meera:

Your company can pay you less than the amount stated on the H-1B petition only if the company files an amended H-1B petition with the USCIS (formerly the INS). An amendement to convert to part-time job is possible, but the company should file the H-1B amendment with the USCIS in order to legally pay you the lesser amount.

I recommend that the amendment be filed in order to protect you in the future. For example, when extending H-1B status (either with the same employer or another employer) you will normally have to attach recent pay stubs with the H-1B petition. Your pay stubs should be equivalent to the salary noted in the H-1B petition that was filed earlier in order to easily extend your H-1B status

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.