Legal Question in Immigration Law in California

Re: H4 - Spouse on temporary Part-time H1

If his petition was for a fulltime position, then it's a problem, and he's in violation of his status as well as his employer liable to pay his full wage. He needs an amended petition approved, and hopefully extension of stay as well, otherwise, he might also be required to depart and reenter to regularize his status. He might also need a new visa.

I usually prepare my cases with the hours of work in a range so this does not become a problem in hours fluctuate in the future. Even if in future with parttime hours a person is benched due to lack of work, the employer is required to pay the midpoint of the wage. At least that's better than paying fulltime wages.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: H4 - Spouse on temporary Part-time H1

Dear Inquirer:

If your husband's H-1B petition was not amended to reflect part-time employment, you could have a problem renewing your H-4, as he may be violating the terms of the H-1B Petition. If the Petition was properly amended, the Consul may still be concerned whether your husband's part-time pay meets or exceeds to poverty level in the US.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.