H1B vs EAD

[kp2000]

Hi
I went to india and currently with a consulting company.I have got EAD&AP in 2007.Presently working on H1B.I am now in India and trying to go back.

My CO. says that without a project I can not go back into USA.Because they need to report to INS and have to give me salary.Due to cost cutting measures,they are not ready to permit me into USA.

I am trying to know abt options I have.My friends suggested that if want to go back, I can go back to USA with AP and let the HR know that I want to work on EAD from DAY1 so that my CO. dont need to report to INS and dont need to pay insurance or benefits.(I have insurance covered through my wife..SHe works in USA)..

If this is true that "If I want to work on EAD, my CO. dont need to report to INS and dont need to pay insurance or benefits or salary?"


Pls help.I want to propose this idea to HR..

thanks
Kp

 

[desi2007]

unless they are not willing to keep the future job offer, there is no issue.
you really dont need to work you only need a future job offer for GC. if you use advance parole, port of entry will permit you based on your pending 485 (provided you have a future job offer from current or any other company).
if your 485 is pending for more than 6 months you are eligible to port your job using ac21 to another company. once you are back here try to find a coy get a job offer.