Visa stamping issues with part time H1B

[vrkravi]

Dear all,

I am currently in H1B visa which expires on DEC 31, 2009.

Because of lack of funds, my employer wants to give me a part-time (30hrs/week) appointment for 2010. H1B does allow part time work.

My question is: Would there be a problem in getting visa stamped when i go to India next year.

Does anyone been such situation? Please let me know.

Thanks
Ravi

[shervin143]

There willbe no issues as long as your employer files an H1B amendment petition and if it gets approved. The part-time employment should be indicated on the LCA and, where part-time is indicated, the wages must be stated on an hourly basis.

If an H1B worker has an H1B petition approval based on full-time employment, and the employer wants to change the position to part-time, an LCA must be prepared for part-time employment and the H1B petition amendment must be filed and submitted with the USCIS to reflect the change in hours, in salary, and otherwise. The employer cannot simply reduce the hours (and pay) without amending the H1B petition and LCA.