h1 and 485

s120998

New Member
I have filed for 485 + EAD + AP filed concurrently with I-140. I am
yet to receive my EAD. At this point can I go on leave of absence without pay till I get my EAD?. Also can my company pay me a lower salary than minimum stipulated by H1 rules during this period.
 
I think you can technically once you file I--485 you are adjustee. now if you don't want to work. You don't need to. but then you are not H1 any more so you won't enjoy any benifit of h1 like multiple entery, h4 visa or etc. you need to wait till EAD / AP comes through.

Again, it might work, but without genuine reason, I won't go for it.

I hope this will help.

JB


Originally posted by s120998
I have filed for 485 + EAD + AP filed concurrently with I-140. I am
yet to receive my EAD. At this point can I go on leave of absence without pay till I get my EAD?. Also can my company pay me a lower salary than minimum stipulated by H1 rules during this period.
 
You can, but I would aviod it if I were you and if I can help it. Until atleast you have a reciept # or an EAD
 
receipt#

Thanks for your response. I have the 485 receipt number. I was asking about working around the H1 salary because the clients are not offering the right billing rate. So if it comes to the point of lay off can I negotiate for leave of absence or lower salary than minimum stipulated for h1.
 
Re: receipt#

Originally posted by s120998
Thanks for your response. I have the 485 receipt number. I was asking about working around the H1 salary because the clients are not offering the right billing rate. So if it comes to the point of lay off can I negotiate for leave of absence or lower salary than minimum stipulated for h1.


You may. Under the current economic conditions the INS may be little more practical and lenient when it comes to salary. But again I am not INS.

Do get your attorneys advice
 
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