Generally, to maintain your H1-B status you must make the minimum annual salary that is mentioned in your labor when your company filed your H1b. It does not matter how many hours you work. So if you are working less hours now and if you see the possibility of getting over time in the future, you should be ok. Try to maintain your annual salary close to what your company has mentioned while filing your H1b.

chappaljutta · Sep 28, 2011 3:30 PM

 Thanks Chappaljutta, My H1B is just going to be effective from this oct.I am working in cap gap.There is definately chance of getting over time in the future ( except winter).I am positive for meeting with annual income that mentioned in LCA.I am just curious because currently i am not getting 40 hrs.Tyaso Bhaye maile chinta nagare huncha haina ta chappaljutaa.

granite · Sep 28, 2011 3:52 PM

 @rolando I am sorry your email was accidently deleted.As far is for your wage rate is approved by lca you will not have problem.But care about the position and min wage required  for that position in your state.I have seen, in NY , 17$/hr has been approved but the position in which u r applying is curcial.

granite · Sep 28, 2011 7:39 PM

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no_more_crush · Sep 28, 2011 7:50 PM

 Thanks @ no-more-crush.My condition is exactly as told by chappaljutta. During winter , Due to weather I will not get  4o hrs.But after that there will be over time so the my annual income will be more than mentioned in LCA and also they are paying little high wage than the LCA. My concern is, during winter, I will be working below 40 hrs. And i am not planning to stamping within the next year. So I will be safe?

granite · Sep 28, 2011 8:01 PM

Thanx Granite, no problem.. .  Yah, m requesting my company to file H1 for me and i am about to file for LCA within couple of days. .. . good luck man

C..Ronaldo · Sep 28, 2011 8:19 PM

@granite As per the details you have provided, you are safe. As mentioned earlier,  please consult with your contracting agent/direct company lawyers (if any) for concrete info. Be safe than sorry. It wont hurt/cost you.

no_more_crush · Sep 28, 2011 8:21 PM