Legal Question in Immigration Law in California

H1B status and salary cut

1. I am a H1B visa holder (both H1B visa and I-94 are valid till Nov. 2003) who have just resigned from company this week, and am planning to go back to my home country for good around middle August 2002 (about 1.5 months from now). As I will be out of status now without a payroll, what is the best legal step that I should take to remain legally in US until August 2002? Is converting to B1/B2 visa advisable? Or it is fine for me to stay till I leave as long as I do not exceed 180 days?

2. Before I resigned, my company reduced our salary by almost 30%. I understand from your website that it is ILLEGAL for the company to change/reduce the salary as filed on the petition since I am a full-time H1B employee. Since I have been compelled to resign now, can I claim back (by filing a legal proceeding under the employment law) for all the paycut I have undertaken over the past 4 months? If so, how can I go about making this legal proceeding against the company? Is there another better alternative?

Thanks.


Asked on 6/21/02, 11:38 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: H1B status and salary cut

BELOW COMMENTS ARE MERE OPINIONS OF THE POSTING ATTORNEY BASED ON LIMITED INFORMATION AND ARE NOT INTENDED OR OFFERED AS LEGAL ADVICE.

I do not think changing your status to B1/B2 for two reasons.

First, it will be a waste of time and money, as in all practicality you will not receive any adjudication to your request.

Second, since your real reason for change of status is to avoid falling into a non-status, and not to explore business opportunities (required for B1) and it is not to become a visitor for pleasure (required for B2), you might even be charged with visa fraud.

I think if you leave US in 8/02, and you document your departure with INS, you'll be safe.

If you have further questions call me at (323)782-0099.

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Answered on 6/22/02, 2:26 am


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