Receive fellowship while on H1B

jluijten

New Member
A friend of mine has a full-time position as professor at a university. She\'s currently on a H1B and the university also has applied for a greencard for her. For the period sept 01-aug 02 she has received a congressional fellowship and is temporarily on leave from the university and works in Washington. The university still pays a partial (about 50%) salary to complement the fellowship stipend, even though she\'s not physically present at the university.

No additional paperwork was filed with the INS last year. The university\'s international office said that it was no problem for her to receive a stipend (because it\'s not like a regular job), neither did they notify the INS of the reduced salary that she would be receiving during the 1-year period. Now, however, a new --more competent?-- person at the university\'s international office has doubts whether all this was done properly.

Is this legal scenario? Should any forms have been filed with the INS, either for the reduced H1B salary or to receive the fellowship stipend? If so, can still be done at this time? Thanks for any help!

Joep
 
Don\'t know how to fix this...

But it is a definite that many immigration laws were violated.
1. LCA needs to be amended when salary for H1 is reduced significantly
2. H1 cannot receive a fellowship unless it comes thru the university\'s payroll
3. If the work was outside the university and outside the metro area, a LCA amendment is required

The university is also liable for action by INS.
 
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