Will changing work hours & maternity leave affect GC?

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Perm0707

New Member
I am planning to cut back my hours of work to just two days a week for some time and then go on maternity leave. 2 weeks after the baby I am planning to be back at work for 4 days a week for some time. My PERM labor certification is pending (filed 7/07) and I understand that paystubs or W2 will be needed for the I-140 process. Obviously the paystubs/W2 will reflect a lower $$ amount than stated on my H1B due to the reduced hours worked. (H1B was for full time employment).
My lawyer said (very briefly) that reduced work hours will not be a problem, but I am reading conflicting views online. Any personal experiences to share? Also does anyone know why my lawyer says it is ok (he just doesn't elaborate!)?

Thank you!
 
If your I-140 is approved (thus ability to pay etc.) - you may be okay. BTW - there is no minimum hours requirement for H-1B.
 
It can be a part-time job

For most employment-based immigration application, such as EB2 and EB3, the basic requirement for the job position is that the job should be "permanent" job, not a temporary job. But this "permanent" does not have to be a full-time job, it can also be a part-time job. In another words, the "permanent" job for Green Card application can be a part-time job.

So, your lawyer is right that you can reduce your work hours without a problem for your Green Card application process, but here the condition is that you job should still be a "permanent" job.

A permanent job is a job without a clearly defined termination date in the job offer. Thus, most jobs are permanent jobs. Also, most permanent jobs are based on relationship of employment at will, which means that you or your employer may terminate the employment relationship at any time with or without reason. Please also see www.greencardapply.com/question/question03/year03_1029.htm



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