Part-time H1b ..

[phobos]

Jim/Jaxen/other experienced people,
1. Would INS reject a new H1b application to convert a full-time H1b to a part-time H1b, with all other conditions remaining the same i.e., company in good financial health, a US master's degree for the applicant etc. What kind of RFE they may send? The resulting part-time salary would be way above (much more than 125%) of the poverty line.

2. The applicant is under labor stage for the GC process. It's going to be around a year or more before labor gets adjudicated. Would this part-time arrangement at this early stage affect the AOS later. I presume the applicant would become full-time before/during the 140/485 stage. Would W2 for the part-time year create problems at the 485 stage? I guess it would, but is there a remedy for this? CP? Thanks a lot for your help.

 

[jaxen]

1. Need a reason for coverting a fulltime H1 to part time. Otherwise I dont see any issues.
2. No, but if you are with the sponsoring employer, your PT conversion from FT might throw a question on employer's financial viability. One cannot predict what INS will intrepret this circumstance after 3 years..

 

[Jim Mills]

Although the GC is for a future position, there must be a permanent, full time, position immediately available. INS could (I don't know that they would, but they certainly could) question whether there is really such a position immediately available.

 

[phobos]

part-time H1b

Jim, Jaxen thanks a lot for your responses. Does INS look for reasons to convert a FT to PT H1b? Do you know of any case where the conversion application was rejected based on not sufficient reason for the conversion? Thanks a lot.

 

[Jim Mills]

File an H-1 amendment and request part time. Provide a very brief (one line or so) reason in the letter. I've never had a problem with this.

There probably is no problem with the H-1 amendment but there could certainly be questions regarding the availibility of a permanent full time position to permit GC processing.

 

[kosu]

I just got recently laid off from Compnay A. Company B says that they are ready to employ me as a part time. Can I change my fulltime H1B to part Time h1B and still maintain the status here in US.

Thanks

 

[dumok]

kosu,

since you have not provided us with details (date of lay off, ect.), you question can be answered "in general."

In general, you can change your fulltime H1B to part Time h1B and still maintain the status here in US. Your concern should be the gap b/w the lay off date and the date a new application filing, as well as the number of hours and salary involved. Remember, INS officer should believe that you will earn sufficient money to live in the US.

 

[LaughingBear]

What's the minimum "part-time"?

I am going to marry my girlfriend. Her OPT is expiring soon. A company is willing to offer her a part time job. So she wants to stay in H-1B Status while I wait out my citizenship.

What is the minimum requirement for part time H-1B? At least half time? or even less? The prevailing wage comparison will be annulized, right?

Thanks a bunch.

 

[Jim Mills]

There is no set minimum. Certainly, an income below the federal poverty line would raise issues.