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jey7 - 09:07pm Apr 24, 2001 EST

Hi friends

I am in big trouble.My employee is asking me to apply for Ead and go to India on vacation,otherwise he will terminate me from the job.I have been working for past 4 years.

Here is my details.
I am in H1-B,that is valid until april 02

ND:Nov 15th 2000.So far I did not apply for EAD,AP(they didn\'t allow me)

My 180 days will be over by may16th.

Please some body advice me what are my options?

Is there any particular procedure or rules for terminating an employee?

Thanks in advance
 
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Although this is no legal advice, if I were in your place I would wait out till may 16, take the ead and join some other company. What is the whole point of the new rules regarding 180 days if one can\'t or deosn\'t want to use it. Gurus in this board can help you with advice regarding how to change lawyers in middle, etc.

Good luck !
 
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Jeena Thankyou very much.But my company wants me to go to india immediatly.Any ideas?
Gurus please help me with your ideas.
thanks.
 
No Title

Hello,
I feel for your situation but I don\'t think as bad as it sounds.

here\'s what I think:
Apply for EAD/AP in any case. It will take atleast up to May16th to get this stuff. After that just quit this idiot employer. Make sure you get a layoff letter and also make sure they don\'t revoke your I140. Start looking for another job and once you find one, go ahead and leave. You are covered under AC21 (s.2045 ) as you have applied for I485 after October 17, 2000. Believe me you are fine if you can secure a job ASAP. However, make sure you stay this employer till May 16 and make him lay you off with a letter to that effect.
Bhanu
 
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Thank you Bhanu "very" much.

In case if my employer terminate me before may16th what shall I do?
Please advice me

Is there any rules for terminating people on bench?
I think they are doing in discriminating manner.

Thanks in advance
 
No Title

I think what they are trying to do is to avoid paying your relocation expenses (at least they have to pay for your one-way ticket back home). They might have decided that they would terminate you anyway (there seems to be a business case here, no chargeable hours). It is cheaper to terminate an EAD holder. Just think, why would they tell you to move to EAD (change the I-9 form) and go on vacation out of the country? The employer must not dictate their employees where they should spend their vacation. It is a good idea to move to EAD because an H-1B visa holder is naturally an easier target for lay-off initiatives and must leave the country within 10 days after termination while an EAD holder may stay and find another comparable job. You sensed there is something wrong here. Are there any other people in your company that were offered to spend their vacation overseas?
 
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I think Jey7 the reason your company wants you to take vacation (most likely unpaid) so that you cannot look for another job, and they want to shaft you. Bhanu is correct, go for EAD, and this will bypass the time, and once you get it quit.

They can let you go while on bench. There is no law preventing them. Infact, if I was in your shoes, I\'d be looking for a job desperately now, just in case they let you go while on bench. Then you are in deep shit!
 
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Thank you "we shall"

I came to know that they are asking some people to go to India.Not all people in bench.(selective and biased)

I am going to apply for EAD for the Ist time.Can i get from the local INS?

Thanks in advance
 
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Jey7,

Unfortunately recent laws sort of have a bench discrimination policy and anybody on bench for longer than 2 weeks may be violating the H1 rules. That may be partly why your employer want you to switch to EAD (so you can find another job). Try talking to your employer that you willl apply for EAD but put you on medical leave/family urgencies to go to India but keep you on payrolls. It is necessary that you be on payrolls until May16 (so that you are free by S.2045) if you want you I485 process continues.

Bhanu
 
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Apply one at VSC and also try going to the local office and see if they grant you onee. Every Service Center may differ on the EAD issual policy...
 
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I think there was a posting regarding the application process in the local INS. I am not sure if you can do it if your application is filed at your Service Center and within the standard processing time limits. We have better experts in this kind of issues on this board. I am just an HR person.

You should start looking for another job although it is getting more complex in the changed labor market. However, there are smaller companies that are taking advantage of the situation and take onboard experienced and competent professionals that were laid off. Use any help you can get: former colleagues, friends, recruiters, get your resume ready and do a lot of hand-shaking.
Your employer should not have threatened you with the lay-off. Did they give you any specific dates by which you should take that vacation? I hope you can stay with them for some time to get your EAD approved.
 
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I do not believe there is a US law concerning people that are not billing their time to clients and stating that they are violating their H1 status provided they are being paid by their employer. The common sense dictates that the employer would not pay their consultants if they are not generating revenue. It is that\'s simple.
From what I am reading, they are suggesting you something they did not let you do some time ago (EAD, AP). This overseas vacation does not smell good. You can take vacation but stay in the country. What is wrong with it? How much time of vacation did they offer you?
 
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They did not say how much time,what they said is,i have to apply for the ead then i have to go overseas,once ead comes or if they get any interviews then only they will call me back.
 
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if you re-read my message correctly, it means if the H1B applicant is not paid by his company (Bench - unpaid) then recent laws consider that as a violation of H1B.
 
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