I485/vacation/H1

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Oracle_75

Registered Users (C)
Friends,

I have filed my I485 application last year ie Aug-2001. I am on bench from last 2 months. My employer is not paying me righnow and showing me as on vacation in his payroll. Currently I am on H1 visa. I haven't used my EAD card yet. My question is till how long I can be on vacation on H1? is this will create any problem with my Greencard process...???
My employer was saying that maximum you can take 3 months vacation on H1 visa in USA. is it true..?? If it is true then should I covert my status from H1 TO AOS by using EAD. or if is not then should I remain on vacation till get my new project...??

Your suggestion are welcome.....
 
Oracle_75,

Technically ....according to the law ...there is nothing like "bench" period for an H1-B worker .. an H1-B worker has to be paid continuosly as long as he/she is in this country to be in valid status ...in fact ...there is technically nothing like "vacation" either ....the arrangement is made between the employer and the employee ....

Now about Ur. situation .... the moment Ur. employer filed for Ur. I-485 ... U are no longer on an H1-B ....even if Ur. H1-B expires and U haven't renewed it .. U are still in status ( based on Ur. current employment and the fact that U have an EAD ) ....

For situations like these .....I guess employers can show absence of leave ..but not for say 6 months or so ...the whole purpose of issuing the GC is that Ur. emploer has to prove to BCIS that they have a job for you and intend to continue you ....and "job" means you are getting paid ...

1-2 months absence of leave can be explained but if it goes to say 6 months ...then this might create a problem ( only if there is an RFE and pay stubs are asked ).

But I think U should be fine for now ....but try to look for a job ASAP ....


Maxx ( I may be wrong in this reply ).
 
>>I have filed my I485 application last year ie Aug-2001.

Aug 2001?(or is it Aug 2002?) Where have U been? BCIS officially says that it is processing cases as of Dec15 2001.But we did see some Jan2002 approvals.

Any idea why ur 485 petition though filed in Aug 2001 has not been approved still?
 
Why the heck are you still sticking to your company if they can't find a job for you fpr 2 months and don't pay you. Try all your avenues and join any other company based on EAD.
There is no problem for your 2 months bench because BCIS will not know it . If any enquiry comes, your company will tell that you are on vacation for 3 months on loss of pay.
 
Ya,It was filed in Aug-2002 not in Aug-2001. Typo mistake

One more question.....

Can I work full time or part time with another employer who can get me a project on EAD. Then I am not on H1 so that I should not bothered about 3 months or 6 months vacation. I can take
absence of Leave from my current employer till I get my GC. I will
tell him to continue my GC processing and once I get my GC then I can work for him.

So my question is that if he allows me to do this then is it technically correct to work for one or more employers full time or part time(not working for him) on EAD as long as he won't cancel my GC processing....

Does this arrangement create any problem for my GC processing...
 
That doesn't work the way you said. I think the best way to go if you can is, as dsatish suggested. Find a new job on ead, that suits your job description when you filed labor(this is important, you can't work in any other job that doesn't match your job description) and get out of your old employer completely.
The way you were thinking might create a problem. If you are working part time somewhere and if you want to say that 0you are still with your current employer but on vacation for 6 months, with no pay, etc etc. it doesn't work. It seems that you are not trying to work for him.
So the best way to go is get a new job and leave your current employer.
 
Option 1:

Landing a job with similar job description and invoking the AC21 clause and continue to work for your employer who gave the job.

Option 2:

GC is only for future employment. If the employer who sponsored GC can you give an employment letter, i think you should be ok provided you dont get any other RFE. If you get an RFE for pay stubs, i'm not sure what will be your position then.
 
Infact Today I have asked my lawyer about the case. He told me that I can take any full time or part time job and take absence
of leave from my current employer. Since GC is future employment
It is no legal issues but business issue. If I keep good relation
with my employer and if he allows me to do other full time job without revoking my I140 then there won't be any problem...

Any expert comments on this legal advice........
 
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