Srivatsa Ramanathan
Registered Users (C)
What if the company agrees to continue the H1B and the green card processing even after it lays off people... is this going to work ? Or is this a dumb question?
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What if ...
- Thread starter Srivatsa Ramanathan
- Start date
No Title
Not a Dumb Question!
Two Scenarios:
If you are on H1 and have not reached the 485 stage yet, you may have to leave or find another job(H1) or find a way to stay on a different visa(like H-4, F-1 etc..), or even go back to your country of origin(In which case when the time comes, you can do consular processing, and come back after your GC comes thru). Dont ever make the mistake of working illegally though. Your H1 is considered expired the minute you are terminated or receive you last pay check.
In this case, if your company continues the process and agrees to give you a letter, if need be, mentioning that the job is still open and available for you after you 485 is approved, you are set.. You will get your GC. Working at the company after you get your GC,probably is not going to be your concern..I suppose.
Case 2: You have 485 and an EAD and your company agrees not to withdraw the petition. This is even better. Get work somewhere else and get a letter from your petitioning employer, mentioning that the job is still open and available for you after you 485 is approved.
In both cases, you will get your GC, but if there arises a situation that the INS checks up on you( Never heard a story yet!), they can revoke your GC at any time. I believe there is a chance INS can check up on you when you go for your citizenship..but hey... who cares as long as you get your GC...DO YOU PLAN TO VOTE ???...
Just make sure you dont get into trouble with the law..
NOT LEGAL ADVICE. USE AT OWN RISK!
Not a Dumb Question!
Two Scenarios:
If you are on H1 and have not reached the 485 stage yet, you may have to leave or find another job(H1) or find a way to stay on a different visa(like H-4, F-1 etc..), or even go back to your country of origin(In which case when the time comes, you can do consular processing, and come back after your GC comes thru). Dont ever make the mistake of working illegally though. Your H1 is considered expired the minute you are terminated or receive you last pay check.
In this case, if your company continues the process and agrees to give you a letter, if need be, mentioning that the job is still open and available for you after you 485 is approved, you are set.. You will get your GC. Working at the company after you get your GC,probably is not going to be your concern..I suppose.
Case 2: You have 485 and an EAD and your company agrees not to withdraw the petition. This is even better. Get work somewhere else and get a letter from your petitioning employer, mentioning that the job is still open and available for you after you 485 is approved.
In both cases, you will get your GC, but if there arises a situation that the INS checks up on you( Never heard a story yet!), they can revoke your GC at any time. I believe there is a chance INS can check up on you when you go for your citizenship..but hey... who cares as long as you get your GC...DO YOU PLAN TO VOTE ???...
Just make sure you dont get into trouble with the law..
NOT LEGAL ADVICE. USE AT OWN RISK!
Srivatsa Ramanathan
Registered Users (C)
No Title
Thanks a lot, I have applied for 485 a year back. Did not apply for EAD for, I had H1 till 2002. Anyways, my company has not laid off anyone yet... except for some contractors. I just asked this question to get an idea about what would happen. Thanks again for replying.
Thanks a lot, I have applied for 485 a year back. Did not apply for EAD for, I had H1 till 2002. Anyways, my company has not laid off anyone yet... except for some contractors. I just asked this question to get an idea about what would happen. Thanks again for replying.
No Title
I think you can stay if you are on 485, but not work if you do not have an EAD or H1(Not very sure about this one).
Very tricky situaton. Need to read between a lot of fine (INS rules)lines. I may not be the right person to answer this question to your fullest satisfaction.
Try legal advice.
I think you can stay if you are on 485, but not work if you do not have an EAD or H1(Not very sure about this one).
Very tricky situaton. Need to read between a lot of fine (INS rules)lines. I may not be the right person to answer this question to your fullest satisfaction.
Try legal advice.