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nkavjs
09-25-2008, 12:47 PM
Hello.

I was reading one of the old postings mentioning someone's wife wanting to move from H1 to EAD and a new baby. I am in the same situation and donot know anything pertaining to legal requirement of working specific requirements working with sponsoring employer for specific numbers of hours to keep the EAD status on.

- Currently I (primary) am on H1B working 30 hrs per week as a full-timer. I want to step down to EAD status and just work may be 10 hrs per week or weeks as floater.
- What are the legal hassles am I looking for GC processing if I only work few miniumu hrs on EAD for the sponsor.
- Possibly can I work 2 part-time jobs at same position with diff. employer on EAD? Will USCIS have trouble with me at the time of EAD renewal.

EB3- India July 003
I-140 approved
485 pending
AP and EAD approved. till 2010


Please advise me
Thanks a lot
nkavjs

rajeshalex
09-25-2008, 03:07 PM
try work from home jobs. Since you have filed 485 there wont be any out of status issue. If your 140 is approved and EAD is valid you can work full time /part time or sit without any work.

nkavjs
09-25-2008, 03:17 PM
I would love the sound of it.. sit at home.. But what shd I answer to USCIs at the time of EAD renewal or RFE, about working less hours.. Does any law protect situations like us..like new baby law.. or over-stressed employee law.. or something...

rajeshalex
09-25-2008, 04:20 PM
Are u the primary or dependant. If you are the dependant no issues cool and enjoy time with baby. If you are the primary then no issues till you get the GC. For primary it is not mandatory to work during the time 485 is pending. But once GC is approved then u need to start full time position with the employer.

nkavjs
09-26-2008, 02:11 AM
I am Primary on H1B working 30 hrs base as a full-timer with benefits. If I understood you correctly I can lower my base to 20 hrs per week (without benefits) and still be on H1B visa?
wow..I hope this is true. Pls. let me know.
Thanks
RPH

alex77
09-26-2008, 02:22 AM
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993

eb2dec2005
09-26-2008, 08:29 AM
I used AP to enter US in June this year.The IO stamp on my I94 and the AP document says 'Paroled unitl Sept 2009'. Should i consider the validity of AP until this date?

However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'

Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?

eb2dec2005
09-26-2008, 10:49 AM
I used AP to enter US in June this year.The IO stamp on my I94 and the AP document says 'Paroled unitl Sept 2009'. Should i consider the validity of AP until this date?

However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'

Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?

Can the experts please reply to my question? Thanks,

sledge_hammer
09-26-2008, 11:15 AM
How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

Why don't you search the forum for answers and if none is available then post a new thread...

Can the experts please reply to my question? Thanks,

RDB
09-26-2008, 11:56 AM
I am not sure if every state allows this but I know this is true for California. There are different reasons for taking this leave. If you had a baby - For a mother, it is 12 weeks, partially paid by the state and for a father it is 6 weeks partially paid by the state.

If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993

eb2dec2005
09-26-2008, 12:49 PM
How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

Why don't you search the forum for answers and if none is available then post a new thread...

Sorry, did'nt mean to hijack any thread nor spam.I actually posted my issue on other thread and did not get an answer.Since this thread's discussion was also based on similar issues, i posted it here.

nkavjs
09-26-2008, 06:00 PM
Ok I made the decision. I emailed my sponsor (employer) to change me from h1B to EAD and will be a part-timer. I will be working 10 hrs per week.
Possibly I might work 10-15 hrs with a different employer too (in same field).
I was asked to change I-9 form and update the changes.
Am I supposed to do anything else from my end, which my employer has not told me yet?
Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
DO we see any trouble with my GC processing?
EB3-india July 2003, I140 approved 2006.
Thanks
RPH