Working part-time for sponsor compnay aft I-485

Let_It_Be

Registered Users (C)
Does anyone know if it is ok to work part-time with the company (less than 40 hours per week) after filing I-485?

Thanks.
 
If you are working on EAD and not H1 then it should be okay, in my opinion. But check with a lawyer for further clarification and confirmation!
 
If you are working for sponsering employer, it has to be 40 hrs/week as mentioned in your labor certification else in case of query, you can tell that have been taking time off for personal reason or while responding to RFE for pay stubs try to get full time pay stubs(if you can). You gonna have 12 weeks to arrange those.
-vaks009
 
Originally posted by vaks009
If you are working for sponsering employer, it has to be 40 hrs/week as mentioned in your labor certification else in case of query, you can tell that have been taking time off for personal reason or while responding to RFE for pay stubs try to get full time pay stubs(if you can). You gonna have 12 weeks to arrange those.
-vaks009

When you say 12 weeks to arrange them, if the company hasn't been paying you .. how do you "arrange" them?
 
In my belief, one can work part-time for the sponsoring company. It has to be EAD, because most likely, H-1B was for the full-time position. The company can file for a half-time position H-1B, by the way.

However, it is crucial to understand that Employment-based Green Card is based on a full-time job offer. So, the sponsoring company while employing you in a half-time job (better with the same job description), should furnish a letter with a full-time job offer for the time whenever your Green Card is ready.

Your case will be aggravated with this twist, no doubt, but a good lawyer can argue that in the current job market companies seek to cut the costs, yadda, yadda... A bad lawyer, however, can make it look as a misrepresentation, which you do not want at all.

Then again, a part-time job with the sponsoring employer is better than no job at all.
 
friends help
i am holding h1b with company A and working
client wants me to join and trasfer my h1b with the acceptence of company A and i already joined with the client and i got my h1b transfer also
my labout got cleared through company A
can i file my 140 & 485 through company A
 
Originally posted by velan1
friends help
i am holding h1b with company A and working
client wants me to join and trasfer my h1b with the acceptence of company A and i already joined with the client and i got my h1b transfer also
my labout got cleared through company A
can i file my 140 & 485 through company A

Why, of course you can file I-140 through the original sponsor. By definition, Employment-based Green Cards do not require your current employment with the sponsoring company. However, you should understand the risks associated with it. INS will most likely suspect a fraudulent attempt to get a Green Card through a sham job offer. A good lawyer could probably argue this case, but most of them will advise you not to do it in the first place.
 
I-140 is filed by the employer not by employee. It is not OK to file it yourself using fabricated offer letter ?
 
Originally posted by goodsaint
I-140 is filed by the employer not by employee. It is not OK to file it yourself using fabricated offer letter ?

You are absolutely right, an employer files the I-140.

As far as filing it on your own, forging a phony employment offer letter... you should know better not to do it. Chances are that INS will verify the employment offer information.... and you will be found guilty of committing a fraud. Good-bye, the United States. Forever. You wouldn't want to go there.

It is our responsibility as legal immigrants to comply with all applicable laws no matter what. It is what separates us from all those who want to come here illegally to work and live, hoping for favorable laws change or a future amnesty. If we don't make this effort, we are no better then them.
 
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