Maintaining H1B while waiting

J

jatinder_kaur

Registered Users (C)
Hi,

I've a small question--

I'm waiting to get my I485 approved, have already received my AP and EAD. My H1 is valid till the middle of next year. But my employer wants to withdraw my H1B. The company lawyer is mentioning that they are doing so because as per the INS rule, they have to inform INS whenever the status is changed.

My question is, if the employer withdraw my H1B, will there be any complications? If my 485 is denied because of any reason (God forbid), what will happen? Should I request my employer to not withdraw the H1B?

Please suggest. Thanks.
 
Re: No

The company lawyer is very strange. You are in H-1B status right now, why lawyer decided that your status is changed?
 
looks strange to me too. Just receiving the EAD does not change status. If your company has changed its records to reflect that you are working with EAD, then your H1 is no more valid (and you shouldn't care less if it is withdrawn).

clarify this, and if your company lawyer is not satisfactory, spend a few extra bucks to get your own lawyer.

good luck...
 
Withdrawing H1 actually costs money .. for the company. As per INS rules, if you are laid off, the company is supposed to inform INS. 99.99999999% companies donot bother.

I would advise you not to withdraw your H1, if you can prevent it. If they are adamant about it, find another job and start *working* with paystubs on EAD.
 
The lawer is right. Once you got EAD you lost your H-1.
The plus of your changing the status is that now you can look for a second job on the open market. The minus is that if , God forbid, you have trouble with I-485, you will be out of status.
 
Originally posted by sasha69
The lawer is right. Once you got EAD you lost your H-1.
The plus of your changing the status is that now you can look for a second job on the open market. The minus is that if , God forbid, you have trouble with I-485, you will be out of status.
Click to expand...

You are wrong. Getting an EAD and using an EAD are two entirely different things. Using an EAD means working based on that EAD and that means when you join any company, signing I-9 form in which employment eligibility is based on EAD. Jatinder_kaur can change from H1B status to EAD status by contacting his HR department and filling I-9 form again based on EAD.

So just receiving EAD does not change status in any way and jatinder_kaur is still on H1B status.
 
Not that I care too much about this- but this is waht I was told a year ago by my university's lawer. If the guy did not lose his H-1 status, the better for him. I my case I did not have any reason to apply for EAD, so i have no personal experience.
 
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