Changing fulltime to parttime

N

nvnr

Registered Users (C)
Hi, I am changing my current job from fulltime to parttime with the same employer who has filed for my GC. Labor is pending since Aug03 and currently in 7th yr of H1B that will be expiring in June 2006.

- Does my employer has to notify INS?
- Would my employer still be able to continue my GC process?
- Would reduceing my working hours affect my GC process in any way?
- Would it be a problem to file for 8th year extenstion in case LC is still pending?

Thanks in advance for your guidence!
-NVNR
 
hey fellas ...take it easy....

Here are are my replies......

- Does my employer has to notify INS?
Hell yeah....!!!! Of couse your company/lawyer will have to file for H1b amendment (I-129) because you are changing a very important criteria in your labor condition application (LCA). You can start working the reduced hours as long as its filed with INS


- Would my employer still be able to continue my GC process?
Of course. H1b and GC are not related ..at least law wise...


- Would reduceing my working hours affect my GC process in any way?
Well yes..If yours is a small company then you wil most likely get a query during I140 stage to prove the ability to pay the wages equal to that mentioned on your LC....You would have a problem proving this unless your company has postive cash flows and net assets to satisfy that they can pay you after you get your GC...

Please read post "How to overcome ability to pay" by a user called "UnitedNations".....




- Would it be a problem to file for 8th year extenstion in case LC is still pending?
No problem..


nvnr said:
Hi, I am changing my current job from fulltime to parttime with the same employer who has filed for my GC. Labor is pending since Aug03 and currently in 7th yr of H1B that will be expiring in June 2006.

- Does my employer has to notify INS?
- Would my employer still be able to continue my GC process?
- Would reduceing my working hours affect my GC process in any way?
- Would it be a problem to file for 8th year extenstion in case LC is still pending?

Thanks in advance for your guidence!
-NVNR
Click to expand...
 
orengetreats:

Thank you for the response. I just thought same as you. I have following questions:

My 140 is already approved. After changing from fulltime to parttime we will file neccerasy papers to inform USCIS. Will USCIS still issue RFE for abilty to pay OR revoke the approved 140, because part-time pay is less than fulltime pay and it would less than what was mentioned in LC.

Please relpy....
 
You have mentioned that your 140 is approved ...So thats it...Your employer has already demonstrated that they can pay you after you get your GC (remember that GC is for future job) ....

What INS is interested is that after you get your GC, your employer should pay you the amount specified in your LC application.... Your 140 being approved your employer has already demonstrated this....

So you are ok..One possible downside is that ..when your 485 case will be taken for adjudication...they will see that you have moved to working reduced hours which may not be very good for your case...BECAUSE YOUR LC STATES THAT YOU WILL BE WORKING 8HOUR/DAY for GROSS salary of XXX $$.....since you are now working for <8 hrs one/both of 2 may happen

1. INS may call you for an interview to local service center to question why you have been working reduced hours because INS would think by moving to reduced hours that job is no longer available.... The burden of proof lies upon you to prove that you will start working 8hrs/day after you get your GC...In case this happens get hell lotta good documentation from your company !!!!

2. You may get RFE for last 3 months paystubs and 3 years W2...

You have to understand that working < 8 hours is not very good especially when you are so very close to getting your 485 approved....

But if you think your company is doing fine with positive cash flows and net assets >= (gross wages on your LC) you should be fine and dandy !!!!!


On the flip side.... I would definitely start looking for another job that can pay me for 40 hours/week and in the same job area as specified on LC as long as 485 pending > 180 days......

thats it.....kapissshhhh!!!!!

how come you are working < 8 hours/day ????????








You should be

baby_mde said:
orengetreats:

Thank you for the response. I just thought same as you. I have following questions:

My 140 is already approved. After changing from fulltime to parttime we will file neccerasy papers to inform USCIS. Will USCIS still issue RFE for abilty to pay OR revoke the approved 140, because part-time pay is less than fulltime pay and it would less than what was mentioned in LC.

Please relpy....
Click to expand...
 
Last edited by a moderator:
I am confused now. H-1 b atleast the main application or the original application is for full time work. Second H-1 b can be for part time. My understanding ws taht you cna have mulitple H1 applications or approvals for part time jobs as long as you are working full time on one approval. Kindly clarify.
 
Orangetreats:

I understand your concerns and I will deffinetly appriate. Yes we have to prove to USCIS that I will work as fulltime after getting GC.

The reason is, we have a new baby. We are both working as fulltime and we are thinking that if one of us reduce some hours we can take care of son much better.

I want to work as a partime until my son gets 12 months or 18 months. Now is 6 months old. Then I can keep him at daycare center and work for fulltime.

My PD is August 2004. As per the present conditions it might take couple of yeras to reach my PD. And by the time, the officer call for interview most probably I will work as a fulltime.

Assume worest case by the time interview I am still working as parttime how can convece the officer.

What do you think..
 
well ...I dont know which of you 2 spouses is at the receiving end of the stick ....But if you are the primary beneficairy of the GC ...then you should seriously consider working full time ... at least for the time being...

Convincing INS will be very hard that the future job for which GC has been filed is still available.....

You could switch roles after you get your GC ....


thats all ...over and out



baby_mde said:
Orangetreats:

I understand your concerns and I will deffinetly appriate. Yes we have to prove to USCIS that I will work as fulltime after getting GC.

The reason is, we have a new baby. We are both working as fulltime and we are thinking that if one of us reduce some hours we can take care of son much better.

I want to work as a partime until my son gets 12 months or 18 months. Now is 6 months old. Then I can keep him at daycare center and work for fulltime.

My PD is August 2004. As per the present conditions it might take couple of yeras to reach my PD. And by the time, the officer call for interview most probably I will work as a fulltime.

Assume worest case by the time interview I am still working as parttime how can convece the officer.

What do you think..
Click to expand...
 
orangetreats:

My 140 is approved and 485 is pending more than 180 days. I want to work 30 hours/week instead of 40 hours/week, to take care of my new born baby. He is 9 moths old. My PD August 2004.

I will work fulltime as soon as I get GC or my son gets big enough, which ever comes first.

If I am working 30 hours/week when my 485 case will be taken for adjudication, will USCIS deny my 485?
 
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