Legal Question in Immigration Law in Connecticut

Unfortunately, the information provided by CIS is blatantly wrong and regulations by the Department of Labor require submission of a new LCA when hours are cut, and you also needed a new I-129 petition too to reflect the part-time status. If you are continuing to work for the new company, then a new LCA and I-129 are needed. You can "port" to the new employer as soon as the I-129 petition is filed (not before), however, the government may or may not approve the extension portion of your stay and might force you to depart to apply for the H-1 visa at a consulate and re-enter. If the violations didn't go on for very long, then you should be fine. Employers make mistakes like this with sufficient frequency that the consuls understand when such problems occur innocently, however, the manner in which the consul is approached makes a lot of difference. This is the kind of case which assistance of an attorney would be well worth it.

Applying for student status doesn't seem like what you want to do and since you've not been maintaining status, you can't change to student status. You'd have to depart the US and get a visa. Since you really want H-1, or so it seems, then that's what you should be applying for, not an F-1 student visa. If you'd prefer to go to school, you could apply for an F-1 visa at a consulate. I think the H-1 would be easier, but that depends on your age and stage of your career. Also, it is possible to be an H-1 and go to school part-time. F-1 students must be full-time and not work in the first school year (unless on scholarship).

The above is general information, is not legal advice, and does not form an attorney client relationship. For further information write me at [email protected] or call me at 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

Bd. of Legal Specialization, State Bar of CA

I agree with the above and it is a shame that you are in this predicament. But you do have rights. For one, you are entitled to return-transportation by the employer. Since they reduced your hours, you could seek a claim against them for back-wages by filing with the U.S. DOL. Or, if you wanted to try to see if you could re-gain H-1B status with the same employer (or their new corporate entity) by filing a new I-129, it will depend on whether you were paid and/or performed meaningful work before they dissolved. But a return-trip to the consulate could also be a possibility.