General Green Card

Converting from EAD back to H-1--Updated 6 April 2009

Here is a question from our clients-only extranet - forclients.com. I think this question is relevant for a lot of people.

 

Quote: I am currently on H1b status valid till may-2011 and have a valid EAD card, My I-485 is pending for over 180 days. My company has cut my position and may revoke my H1b. If I transfer my H1b to another company and then work on EAD. Will my H1b remain in the dormant status?

Ans. Yes.

Quote: If yes, can i switch back to my H1b if i wish to? and what would be the process?( go out of country to get stamped?)

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Employers and Employees -- H-1 or EAD?

Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction? Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B. Just trying to find out what the possible advantages would be at this time with EAD.

 There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.

Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Prithvi , United States

Name: 
Prithvi
Nonimmigrant Visas: 
Green Card: 
State: 
Arizona
Country: 
United States
Comment: 

Folks,

We filed H1B/H4 and Green Card application through Rajiv's Office.

His team: Anna Baker, Richa Narang, Prerna Mehta, and Attorney Mathew were very helpful and diligent. They would answer our queries promptly. Moreover, Rajiv was on conference calls when my company had some questions about filing for Green Card. Our Company had good faith in Rajiv's ability to deal with immigration related matters.

Rajiv's team....Thanks a ton!!

H-1 and EAD

Qo. I plan to be on EAD after my 6th year of H1-B expires on September 23, 2008. If I decide to be back on H1-B then is there any time limit within we have to file for H1B extension after its expiration on September 23, 2008 while I am working on EAD?
Ans. Generally speaking there is no time limit as long as you are entitled to the extension.

Qo. For example, will we have to file within 6 months or 1 year after September 23, 2008 while I-185 is still pending?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-485 Priority Dates and Processing Dates

One of our community members had asked a questing regarding the processing dates of 485.

In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for P. T. , United States

Name: 
P. T.
State: 
NV
Green Card: 
Country: 
United States
Comment: 

I was directed to the law offices of Mr. Khanna through one of my friends.

It took me exactly 18 months and 18 days to receive the green card since I first contacted Mr. Khanna.

His team, especially Ms. Diane Lombardo, is extremely helpful and efficient.

Going by the accounts of some of my friends, who wasted a lot of time, money and effort, either by trying to file the application themselves or by hiring inexperienced lawyers, I feel that contacting Mr. Khanna's office was one of the good decisions I made.

I would surely recommend the law offices of Mr. Khanna, for any immigration related matters.

GC approved. When should I start working on the green card job?

Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?

Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.

Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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GC Compliance for Employers

Some of our employees' Green cards have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.

Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?

Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Renewing Expired GC and Citizenship for autistic/disabled persons

One of our clients (I think I have worked with these folks for over a decade) had these questions:

Quote:  A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?

Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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