Effect on GC

T

Tundra123

Registered Users (C)
A friend of mine is on H1. His company is applying for GC this month and at the same time they are asking him to reduce his hours from 40 to 36 due to some budget constraints.

1. Will this affect his LC in any way?

2. Is there any law that H1 Visa holder should work 40 hours or more per week?
 
1. It should not affect as GC is for future job.
2. Rule is maximum of 40 hours and not a minimum of 40 hours.
 
Hi Jharkhandi,

Are you sure that the rule for H1b is maximum of 40 hours?

To the best of my knowledge, it should be minimum of of 40 hours for full time on H1b. It considered to be part-time, if it is below 40 hours a week.

To obtain the greencard, since the employer is not paying the 40 hours a week, they have prove their financial ability to pay full salary and benefits.
 
TAMIL_GC,

Thanks for correcting on point1. There is perhaps no max limit as such.

However I could not find any minimum hour limit either. Please guide me.

I belv full time and part time has to be defined respectively on > X hours a week and < X hours a week. X being a realistic figure and definitely not 40!!!
 
There is no set rule that fulltime employment is 40 hours/week.

It also depends upon what is standard within the company. If other employees are working only 35 hours/week then H1B can also be requested for 35 hrs/week (to DOL in LCA and to INS on H1B).

But I think your friend employer need to redo the H1-B and LCA because of less number of hours you are going to work in future. Check with attorney and make sure you have previous H1-B & LCA petition.

BTW, no effect on GC as long as employer is still offering same job (for futute in terms of salary, title, responsibilty, # of hours) as stated in LC application submitted to DOL.
 
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Jharkhandi & usnycus,

Thanks for correcting me. I also went through some immegration sites to find out. But I haven't any got correct answer for that. But I agree that the there is no rule saying 40hours/week for full time employment under H1B program.
 
I think the definition of full time job as 40Hrs/Wk is the US govt rule (not the INS) -- anything more is to be paid as overtime. For GC purposes you can either give Annual salary/weekly salary or also hourly salary (For example cooks/trainers etc) -- and you should get at least the promised amount - no matter what. I dont think there is set rules that the job has to be 40hrs/wk. Though 36hrs/wk could attract some attention on "ability to pay".

001
Originally posted by TAMIL_GC
Jharkhandi & usnycus,

Thanks for correcting me. I also went through some immegration sites to find out. But I haven't any got correct answer for that. But I agree that the there is no rule saying 40hours/week for full time employment under H1B program.
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