Legal Question in Immigration Law in California
New H1B Visa
1.If a company applies for H 1B for a person who is currently on F 1 (student visa valid for another 3 yrs) ,can the person live legally in USA without maintaining his fulltime student status till his H 1B final approval documents come.Can he work and earn paycheck during that period?Is there any minimum annual salary that a company is required to pay to a person whose H 1B it sponsers? If a company sponsers H 1B to a contract worker,does he goes out of status if a contract project ends and the company stops paying salary till next project starts.
3 Answers from Attorneys
Re: New H1B Visa
It is doubtful that you can work while you are awaiting approval of the H-1B. I would need to know more about the maintenance of your current status to better answer your other questions.
Sincerely,
Myron R. Morales
Law Offices of Myron R. Morales
743 E. Broadway #425
Louisville, Kentucky 40202-1711
(502) 468-6404
www.myronmorales.com
Re: New H1B Visa
Until the H-1B petition is approved, you must otherwise maintain your status whatever it is. So, in your case, you're obligated to remain a full-time student. If you reduce course load, you have to have permission from the school and the school has to notify the INS. As an F-1 student, you can't accept a paycheck, certainly not from the prospective H-1B employer, unless it's an on-campus type of employment that the F-1 visa allows or OPT. As for the H-1B salary, the company has to pay at least the "prevailing wages" for workers in the same occupation in that area.
Liem Doan, Esq.
Re: New H1B Visa
LOTS of questions that each require analysis. call me, if you like. 650.743.6296. if you get voice response, leave message and i'll follow up with you shortly.
Gabriel D. Jack
Attoney at Law
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