H1B amendment

[quart]

Question 1:What are the options an H1B applicant have if his part-time (PT) amendment application is denied by the INS? The H1B applicant has (original- full-time H1B) I94 and visa on pp valid until Dec 2004.

Question 2: If the PT amendment application is denied, is his original FT H1B approval/I94 valid? Is he out-of-status after the PT application is denied?

Question 3: After the PT application is denied how should one proceed if the employer is willing to hire the H1B applicant on a full-time basis? Thanks a lot.

 

[jaxen]

A1: One can appeal.
A2: yes original application still valid. Since it is a different application. No -not out of status.
A3. Do h1 transfer.

 

[quart]

Thanks a lot for your response, Jaxen. I have a couple more questions:

IF the pt application is denied

1. Applicant's wife is in her home country right now. She is planning to come back in Dec 2003. She has H4 visa valid unitil Dec. 2004, based on husband's original H1 approval. If husband's Part-time application is denied, say in Sept. 2003, will the wife have problems at the POE in Dec 2003?

2. Can the H1B applicant keep working for the current employer for reduced hours? How is the employee not out-of-status, if he cannot work for the employer based on the LCA-H1B conditions?

3. Can one do an H1B for 10-40 hrs (i.e. flexible hours)? Thanks a lot.

 

[jaxen]

1. No
2. No U cannot work for current employer on reduced hours...After U do FT with another employer and start working, your current employment is no longer valid. That is why H1 transfer...
3. Yes.