Does H1 cancellation affect I-485 process ?

B

bunty123

New Member
Hello,
I am a new member of this forum... and had a question about my I-485 process (RD 4/49/02, EAD rcvd 8/26/02). I applied for I-485 in April-2002, and have received my EAD in Aug-2002.
My FP is scheduled on 11/02/02.

I received a notice from my employer, stating that they are going to cancel my H1 visa, because I also have another status "Adjustment Applicant"; and I can continue to work with them using my EAD. They also say that they are doing this because of new INS regulations, and also to have a better company image with INS.

I have a question for you gurus....

1) Does this H1 cancellation will have any effect on my GC process ?
2) Also, I am planning to join my client after 1-2 months, using my EAD. Now if my employer cancels this H1, for this short period (1-2 months) I will be working with them using my EAD. Will this create any difficulty for me while changing job (180 days will be over) before I-485 approval ?

3) What could be the interest of my employer in cancelling H1 ? Doing this can they restrict me / create problems for me on changing job ?

I really appreciate any response.

Thanks,
Bunty
 
Don't do it

Bunty,


I don’t know why your company is trying to cancel your H-1B. I work for a large corporation, and I have not heard anything like this before. I don’t think INS has any regulation concerning cancellation of H-1B while I-485 is pending. Or company gets any extra points if they do something like this.

From my experience I can tell you that it would be a good idea to keep your H-1B until you get your I-485 approved. I say that because:

1) If there is a problem in your I-485 and you can not get another EAD you still can work on H-1b.

2) My company actually encourages people to keep their H-1B alive through extension etc. while their I-485 is pending. I am sure they would have informed us if there was any new regulation on this topic by INS.

Try to pursue your employer to keep your H-1B alive.

Good Luck,

RamFan

P.S. Is you H-1B extension is anytime soon? I am wondering if your employer does not want to pay for your H-1B extension etc.

____________________________
Disclaimer: This is not a legal advice. Please contact a lawyer for legal advise
 
I would disagree with that...
First. Its an optional thing to maintain your H1 status, there are pros and cons to both. Pros being, if your 485 is not approved then you still get to work with your H1 and the cons being,, you lose time in your H1 duration limit. But the real question is, how many people do you know got in trouble with their 485 unless they were frauds, felons? Have you heard of any AOS denials so far? Secondly, if the company decides to cancel your H1, they can do it. You cannot stop them from doing so. They can even cancel your I-140. In that case, you lose your 485 all together. So, its advisable that you don't get into 'issues' with them. To answer your questions...

1. No
2. No
3. Who knows? you can get another H1 with another employer or work with your EAD.

But defintately have a breif chat with your lawer
 
Hi,
Thanks for the responses...
I was able to talk with my company lawyer; and as per him they are doing this for all H1 holders on getting their EADs. I asked him about the advantages to the company in doing this... and he said that this will reduce their overheads and paper work, they don't have to do paperwork for INS to track me; and is advantageous for me as I can also work part time. I was not convinced.... BUT I had no other choice. I can go to other lawyer for consultation; and then this lawyer will have to convince the company lawyer why they shouldn't cancel the H1......
Also, I had a question about my wife's EAD.
What happens if her EAD's renewal is due, and she is not working at that time... do you need to have a job when you are applying for EAD renewal ?

Thanks,
Utpal
 
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