Can I work as a Hourly Consultant after filing I-485 ? INS Guru’sssssss

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sesa99

Registered Users (C)
All my GC info is under preferences.

I work for a consulting company as a salaried employee. I filed I-485 in Dec 00, looking at time taking for the I-485’s. It is going to take another 1-2 years to get the green card.

Will it effect my GC, If I switch from salaried to hourly consultant ?
Is it legal ? My understanding is that H1 has to be salaried.

If I get RFE, for employment letter and pay check (which most of them are getting now). At that time, if I am on bench, how can I produce the paycheck. Employment letter, it is possible, because its for the future job(correct me if I am wrong).

INS guru’s help please.
 
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Yes, it is. I have been an hourly from the begining, so I know that it is possible, but I am not sure if it takes anything else i.e., processing/amendment to switch from salaried to hourly....
 
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Say when INS request for pay stubs, and you are on bench at that time,

How or you going to produce pay stubs? is a big question.
 
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lam a h1 holder working on hourly basis for the past 4 years,you can work on hourly basis as long as your employer gives you a pay check
equivalent or more then the salary mentioned in your labor certification
 
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when you have client you get paid, I am talking about when you don\'t have client, you are on bench. Then you don\'t get paid right? If INS ask for paystub during that time, how are you going to produce the pay stubs.

Thanks
 
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Ask your employer to give you a pay check every month irrespective of a project ,then at the end of the year settle your accounts,but if you don\'t have any projects or if you don\'t get a project for a long time then your employer may not agree, all depends on your employer
 
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Thanks for all your suggestions.
My employee pays me every week, and there are about 6000 consultants all over the USA, I don\'t thing my employee is going to do this for me. I will try.

If you guys come across any other ideas please let me know.

thanks once again
 
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IEX,
I think the salary should be => that was mentioned in the H1 but not labor certification. Correct me if wrong.
 
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One idea I have been following is:
- Negotiate a rate with your employer and ask him to give you that rate less $10 per hr. In case you come on bench, he can pay you from that money you \'deposited\' with him. If you don\'t, he can pay you the money at the end of the year. That works well for me.

Take care
Naveen
 
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