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  #1  
Old 09-30-2009, 01:39 AM
centrum centrum is offline
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Default URGENT: please help with my h-1b issues before tomorrow!!!

I'm supposed to start working on my approved H-1 this coming Thursday (10/1). However, my employer just informed me that the company is not in the position to pay me the salary we put on H-1B document due to the current recession. Now, he wants to file an amendment to change my job title to another title (similar but different. ex. hardware engineer to programmer) with about 15k lower salary so that I can continue to be employed. Here are my questions:

1. Is changing the job title to meet the prevailing wage requirement a good idea? If not, what are the options?

2. If we decide to file for an amendment this week, can I still work from 10/1 until I get a response from USCIS? To keep my status legal, do I need to get paid the salary listed on the H-1B document until I get the amendment approval?

3. Is filing with PP (premium processing) a good idea? I was told that it takes about 14-15 days to get the amendment processed with PP, but the attorney my company contacted said that USCIS will most likely give an RFE or initially deny to buy themselves more time to process it.

I would really appreciate it if you could respond.. I really don't have much time as you can see. Thanks in advance!
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  #2  
Old 09-30-2009, 09:04 AM
thomachan72 thomachan72 is offline
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Originally Posted by centrum View Post
I'm supposed to start working on my approved H-1 this coming Thursday (10/1). However, my employer just informed me that the company is not in the position to pay me the salary we put on H-1B document due to the current recession. Now, he wants to file an amendment to change my job title to another title (similar but different. ex. hardware engineer to programmer) with about 15k lower salary so that I can continue to be employed. Here are my questions:

1. Is changing the job title to meet the prevailing wage requirement a good idea? If not, what are the options?

2. If we decide to file for an amendment this week, can I still work from 10/1 until I get a response from USCIS? To keep my status legal, do I need to get paid the salary listed on the H-1B document until I get the amendment approval?

3. Is filing with PP (premium processing) a good idea? I was told that it takes about 14-15 days to get the amendment processed with PP, but the attorney my company contacted said that USCIS will most likely give an RFE or initially deny to buy themselves more time to process it.

I would really appreciate it if you could respond.. I really don't have much time as you can see. Thanks in advance!
Hope everything works out for you. I was not even aware of the fact that you could amend H1b for a different job title and salary. If there has been a company wide salary cut then it would be better to be on the same job title and be paid less. I guess the CIS could be informed that the salary cut was due to recession and was company wide. Hiring somebody for one job and then amending it to fit another seems a bit wierd but maybe you are right. Anyway hope you are safe.
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Old 09-30-2009, 09:39 AM
rockstart rockstart is offline
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If the company is doing it they must have consulted their lawyer so I guess what ever steps they are taking should be legally OK. You can consult a lawyer yourself if that makes you feel safe.
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