Working Less Than Full Time While I-485 Pending

C

cjzcjz

Registered Users (C)
Hi there,

My wife is holding H1B visa and we submitted I-485 (EB3 based) in 2007. She was told by the company lawer that the US Department of Labor only considers 35 hours per week as full time and my wife must be full time for the H1B and to be sponsored for the green card.

Our question is, if my wife gets sick or preganent and she has to work less than full time or even take a medical leave for several months, is she still OK for H1B and being sponsored for GC (I-485 pending)? If yes, do we have to keep some documents like doctor's notes as evidence in case being asked later? At what time will this issue be concerned and by whom? We are very interested in getting some offical websites/documents about the policies if there are any. Thanks.

John
 
Since she already filed 485, can work fewer hours on EAD for now, not to worry much about keeping up with H1 requirements. She can continue on EAD or go back to H1 whenever she is ready for 40 hours work.

For now she can work less than 40 or 35 hours with EAD (or I heard .. we can go for part time H1b). She can take leave of absence or partial disability too if pregnent.

She need to have a full time job offer (NOT the job), if any RFE comes up or they call for GC interview, thats it.
 
cjzcjz said:
Hi there,

My wife is holding H1B visa and we submitted I-485 (EB3 based) in 2007. She was told by the company lawer that the US Department of Labor only considers 35 hours per week as full time and my wife must be full time for the H1B and to be sponsored for the green card.

Our question is, if my wife gets sick
--------------she can take sick leave.
or preganent and she has to work less than full time
-----------------she can take leave under FMLA (Family and Medical Leave Act) read the link:
http://fmlaonline.com/
or even take a medical leave for several months, is she still OK for H1B and being sponsored for GC (I-485 pending)? If yes, do we have to keep some documents like doctor's notes as evidence in case being asked later? At what time will this issue be concerned and by whom? We are very interested in getting some offical websites/documents about the policies if there are any. Thanks.

John
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