Please Help !!!! H1 about to be cancelled when 485 pending.

T

Texy

Registered Users (C)
Hi Friends,
I have find myself in a troubled situation and need your help.

I came to a company to US thru comapny A on H1 in 1998 on a salary of 48K(LCA cleared for 48K). My salary went up from 48K to 90K in Year 2001, my comapny applied for my H1 extension in 2001, but this time with a salary of 90K(LCA applied for 90K).
I was not aware of this fact.

After the economy downturn I started getting a salary of 58K which is much lower than the LCA.

I have also applied my 485 in July2002 thru this company.My H1 expires in Dec 2003.

Now my company is going to cancel H1 since it does not meet the LCA approval and is asking me to use my EAD.

Do you guys see any possible problem in this.

Your comments are appreciated.
 
Usually H1B has to be amended for salary changes. So it is better to use EAD in your case.

Just make sure your GC process is not affected by H1B cancellation since BCIS sometimes revokes I-140 also when H1B is cancelled.
 
Thanks for your reply Edison.

Can I move on to EAD and leave my H1B to expire(as anyway it is going to get expired in next four months i.e Dec2003).

This way my company don't have to cancel my H1b(so they can be on safe side as they are paying less than LCA) .
This would avoid any I140 cancellation.

Please comment.

Thanks.
 
Texy,

I think you can just let it expire - I did that - I converted over to EAD and let my H1 expire (6 years were up).

Not a legal opinion, but I think that is no problem at all..
 
H1B expiry is better than H1B cancellation. You can change your status from H1b to EAD using I-9 form. I-9 form is maintained internally by all companies for their employees.
 
Originally posted by Edison
Usually H1B has to be amended for salary changes. So it is better to use EAD in your case.

Just make sure your GC process is not affected by H1B cancellation since BCIS sometimes revokes I-140 also when H1B is cancelled.
Click to expand...

BCIS will not automatically revoke your 140 even if your H1 is cancelled. The employer would need to specifically request the revocation.
 
It's surprising to see this question (which is almost repeated every week) from a person who has registered here in last May.
working on EAD is always better than H1. Let the H1 goto hell.
 
Originally posted by dsatish
It's surprising to see this question (which is almost repeated every week) from a person who has registered here in last May.
working on EAD is always better than H1. Let the H1 goto hell.
Click to expand...

Not if you need to deal with the EAD renewal and AP (and the associated entry hassles in secondary inspection). My H-1 doesn't expire until next year, and it's easier for my wife and I to use our H until they expire. Our situation may be a little different - we've travelled internationally 4x in the past year.
 
Thank you friends for your help.

dsatish -> My friend don't be so surprised, this GC process is full of Suprises.

"There is nothing Surprising about it" (remember the pepsi ad in india) :) :)
 
Texy,

You should be fine with EAD. It should not matter. You are Ok as you are working with the same company and can produce employment letters etc if RFE is issued.


skaus2001
________________
PD 07/07/2000 EB2/IND/TX
RD 12/19/2001
ND 12/28/2001
FP1 02/13/2002
FP2 06/14/2003
AD ?????
 
Check with your employer if he agrees or not. It seems to me that he don't want to do that even for these 4 months. Otherwise he doesn't have to bring up this issue at all. And simply asked you to work on EAD after the h1 expires. So check with your employer and convince him, some how...
Good Luck
 
EAD Question

Hi Friends

I need your help.

I have applied for myself and my wife's EAD renewal in the month of May 2003.

RD - 05/19/2003. My EAD expires on 08/04/2003, but I am working on my H1B. My I-485 was filed on 03/28/2002. I got my first EAD on 08/04/2003. But after I received my EAD I have not changed to EAD status as my H1-B is valid till November 2004.

Now the question is 08/04/2003 is my EAD is going to expire and only on 08/16/2003, I am going to complete 90 days after the receipt notice.

Will there be any problem? Or Can I got and ask in SFO center for the iEAD before my EAD expires ie. before 08/04/2003.

Please advise.

Siva
 
ponnuswamys

It looks like your H1B status is still valid. So there is no question of out of status since you might be still in H1B status.

Confirm with your company about I-9............
 
Texy,

Push your employer to maintain H1B itself and have an EAD without their knowledge.

Most of the Employers insist on EAD since:
1. In H1B, they are bound to pay salary to you as specified in LCA. With EAD, they have no bindings and can get rid of you when they no longer can pay you.
2. Cost for H1B is more than EAD. Its easy for the employer to pay fees for EAD.

If you are in H1B, you can demand the employer to pay the salary stated in H1B LCA when there is no project. If they can't you can report to BCIS / DOL citing H1B Status and can get paid. You are in AOS and legally you can stay at USA. After 180 days of I485 filing, you can change the employer with your EAD.

Remember, Its always good for an individual to be in H1B after filing I485.
 
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