All, I am the primary applicant and I am almost 10 months on 485. My project is ending next month and I found another similar job. The consulting company is paying me a good hourly rate and I have to start on the 15th next month. In their offer letter, they have mentioned me as a temporary employee (as I am an hourly consultant with them). Will this be a problem ? I have to work 5 days/8 hours with the client. It is a full time job. Please clarify. My lawyer doesn\'t help me much. Thanks, paragh
Can I work hourly on EAD ??Pl reply
- Thread starter roran
- Start date
Should not be a problem... Even on H1 you can work hourly.
It doesnt matter as long as the wages are in range(as mentioned in LC),I am in a similar situation (except iam not using EAD, still on H1). If you dig through Murthy chat log you will find Murthy\'s opinion on this situation.
Although it would be better to ask your company to "reword" the
employment letter in case of an RFE.
Actually if you dont get a RFE none of this matters....unless you intend to inform the INS voluntarily.
It doesnt matter as long as the wages are in range(as mentioned in LC),I am in a similar situation (except iam not using EAD, still on H1). If you dig through Murthy chat log you will find Murthy\'s opinion on this situation.
Although it would be better to ask your company to "reword" the
employment letter in case of an RFE.
Actually if you dont get a RFE none of this matters....unless you intend to inform the INS voluntarily.
No Title
This is what I Would do :
1.)Join the new employer ASAP. --You can still change
jobs , even with the new employer, since you are past 485 Days.
2.)Ask the new employer, whether he will be willing to give
a employment letter --phrased \'blah blah\'.
3.)Be ready to ask another friend who can sponsor your H-1 in case of Dire Emergency.
4.)Basically, I do not foresee a problem in your case, you can join the new employer ASAP. Many of my friends have done so, and they have got their GC without an issue.
5.)There is a very strong chance that you would get a RFE, if you don\'t then that is your good "deeds", but if you do get a RFE, you have to prove that your current employment "description" is similar to what you have been doing in the past "in I-140 Letter".
6.)Contact the lawyer, get all documents, be in good contacts with them, because many a letters will be sent to them.
7.)Be in good contacts with your existing firm, try to be as pleasing as you can, "You know I want to be with you guys, but due to the economic condition, blah blah. I will rejoin you guys when I get a project through you.
8.)And remember, to file a new H-1 with the new company, even though they want you to work on EAD, because EAD has a expiry date.
My 2 cents, you are free to override any or all of my information.
Hope it helps.
Good Luck, and Good Job on finding a new project.
This is what I Would do :
1.)Join the new employer ASAP. --You can still change
jobs , even with the new employer, since you are past 485 Days.
2.)Ask the new employer, whether he will be willing to give
a employment letter --phrased \'blah blah\'.
3.)Be ready to ask another friend who can sponsor your H-1 in case of Dire Emergency.
4.)Basically, I do not foresee a problem in your case, you can join the new employer ASAP. Many of my friends have done so, and they have got their GC without an issue.
5.)There is a very strong chance that you would get a RFE, if you don\'t then that is your good "deeds", but if you do get a RFE, you have to prove that your current employment "description" is similar to what you have been doing in the past "in I-140 Letter".
6.)Contact the lawyer, get all documents, be in good contacts with them, because many a letters will be sent to them.
7.)Be in good contacts with your existing firm, try to be as pleasing as you can, "You know I want to be with you guys, but due to the economic condition, blah blah. I will rejoin you guys when I get a project through you.
8.)And remember, to file a new H-1 with the new company, even though they want you to work on EAD, because EAD has a expiry date.
My 2 cents, you are free to override any or all of my information.
Hope it helps.
Good Luck, and Good Job on finding a new project.
thanks everybody..one more question
I have the following questions:
How will INS know about my job change ? I am in very good terms with my current employer. He will not cancel my H1.
My H1 is valid till March 2003. In case of dire emergency can I come back to him on the same H1?
Also, my job duties are the same. If my new hourly rate is more by $9/hr will this create a problem ?
I am cursing my fate..If at all I had the project for another 3 months, I would have got my GC, taken a break with my kids...etc..never would have bothered to find another job this urgently..sorry for venting...feels better..
thanks,
paragh (RD: 09/24 ND:11/16)(Also named as roran and ragh on this site)
I have the following questions:
How will INS know about my job change ? I am in very good terms with my current employer. He will not cancel my H1.
My H1 is valid till March 2003. In case of dire emergency can I come back to him on the same H1?
Also, my job duties are the same. If my new hourly rate is more by $9/hr will this create a problem ?
I am cursing my fate..If at all I had the project for another 3 months, I would have got my GC, taken a break with my kids...etc..never would have bothered to find another job this urgently..sorry for venting...feels better..
thanks,
paragh (RD: 09/24 ND:11/16)(Also named as roran and ragh on this site)
Once u use EAD your H1 is automatically cancelled,even if it has a expiry date in the future .
You will have to file a new H1 which is complicated because changing from EAD to H1 is a very strange scenario and may result in lot of suspicion. Remember it will not be a straight forward H1 extension. Other option is to work on the same EAD with your current employer!
Remember EAD is un-restricted except for the expiry date.
Greater salary is obviously not a concern since job description is same.
How will INS know .... Well like I said If-And-Only-If they issue a RFE for Salary slips/employment letter assuming you never tell them on your own of your change in job scenario(Which can be dicy).
You should not be worrying about all this since you already have a new job, and can use AC21(>180days) even a standard letter without
the mention of Temporary or Permanent is good enough, combined with
2-3 payslips. also since you are in good terms with your current employer ...find out how far they can go to help you
Always good to consult atleast 2 independent lawyers who are paid by
you and not your employers.
Good luck.
You will have to file a new H1 which is complicated because changing from EAD to H1 is a very strange scenario and may result in lot of suspicion. Remember it will not be a straight forward H1 extension. Other option is to work on the same EAD with your current employer!
Remember EAD is un-restricted except for the expiry date.
Greater salary is obviously not a concern since job description is same.
How will INS know .... Well like I said If-And-Only-If they issue a RFE for Salary slips/employment letter assuming you never tell them on your own of your change in job scenario(Which can be dicy).
You should not be worrying about all this since you already have a new job, and can use AC21(>180days) even a standard letter without
the mention of Temporary or Permanent is good enough, combined with
2-3 payslips. also since you are in good terms with your current employer ...find out how far they can go to help you
Always good to consult atleast 2 independent lawyers who are paid by
you and not your employers.
Good luck.