My question is regarding USA immigration. I am on H1B visa. My
employer is reducing the number of work hours to 20 or 25 hrs per week
for 2-3 months with corresponding reduction in salary. Does my
employer have to file a petition with INS? Is this allowed?

psmsis..

First, I would like to make sure you understand that I am not an
attorney and my answer is not to be considered legal advice.  When an
H1B is processed, the employer must file a Labor Condition Application
(LCA) with the Department of Labor.  This document ensures that the
employer is paying 95%-100% of the prevailing wage for that position. 
If your H1B and LCA were approved based upon full-time employment,
your employer will need to re-submit an ameded H1B petition.  This
must be filed at the local District or Sub-Office of the US
Citizenship and Immigration Services.  You can find a list of these
sub-offices at http://uscis.gov/graphics/fieldoffices/distsub_offices/index.htm.

Bear in mind that as of March 9, 2004, the Department of Homeland
Security is no longer accepting H-1B applications as the federally
mandated number of 65,000 has been filled for fiscal year 2004. They
are continuing to process changes, however.

 Any additional questions you may have should be directed to either a
staff member at your local USCIS or an immigration attorney.

Good luck and if you need any additional clarification, please let me know.

Regards,

-THV

Search Strategy:
H1B part time full time


References:

H1B FAQ
http://www.usvisa.com/h1bfaq.htm

LCA FAQ
http://www.usvisanews.com/lca.html

Department of State
http://travel.state.gov/visa/state074313.html

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Request for Answer Clarification by psmsis-ga on 30 Aug 2004 19:33 PDT

thv

Thanks for your response. However, common sense would indicate that a
reduction in number of hours for a few months shouldnot be a problem.
The immigration law cannot possibly cover every such small variation.

So, what I was looking for is if someone knows of a precendent for this. 

psmsis

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Clarification of Answer by tar_heel_v-ga on 31 Aug 2004 05:56 PDT

As I stated, this is considered a material change and the USCIS must
be notified.  As long as there is not a request for extension, the
H-1B fee is not required with an amended petition.  As long as the
rate of pay is not dropping substantially, ie, $50/hour to minimum
wage, there should be no problem.  Also, changes in hours worked are
not considered in regards to the cap of H-1B quota.

"So what must an employer do if it wants to reduce the hours, and with
it the salary, of an H-1B employee? Pursuant to the DOL?s regulations,
the employer must file and have certified a new LCA reflecting that
the position is now part-time in nature. In addition, according to the
DOL, even if an LCA is certified for the part-time position, the H-1B
employer is "required to pay the nonproductive employee for at least
the number of hours indicated on the I-129 petition filed by the
employer with the [Immigration and Naturalization Service]." That
means that the employer must also file an amended I-129 petition,
reflecting the reduced number of hours to be worked, and designating
the salary as an hourly wage."

Corporate Cuts: Reductions in Pay and Hours for Nonimmigrants 
http://www.twmlaw.com/site/new/redpay.html

ASK VISALAW.COM
http://www.visalaw.com/01apr3/13apr301.html

MurthyDotCom
http://www.murthy.com/chatlogs/chat0419.html

This is a very, very good answer. Exactly what I was looking for.

psmsis