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Part-time H1B and GC - HELP
Anonymous2 views3 answers
My category is current and my EB2 I-485/I-140 was filed 2 months ago - expecting approval in the next 3-4 months. However, my company (been with them 7 years) has told me that I have to switch to part-time effective immediately (they will amend H1), and will likely get laid off in 4 months. Bad economy...
1) What happens if my GC is approved while working part-time, and the employer doesn't intend to hire me back afterwards (I will get a letter stating so)? With current processing timelines, I may not get to 180 days/portability...
2) Do you suggest I just quit, withdraw the I-485, and look for new employment? What's my best course of action to make sure my green card is obtain legally?
No problem switching to part-time H-1B. However, the GC must be for a full-time (prospective) employment. I don't suggest withdrawing the I-485. Negotiate with your employer again and point out the difficulty you will be faced if you will be in scnario 1 . And, of curse, once the I-140 is approved and it is past the 180-day mark, you can avail of I-140 portability if the conditions are met. So, I would say, starting scoping now for a potential employer who would be willing to assume the I-140 responsibilities if portability will be applicable down the road.
You have to be full time when the application is approved, so stay with this employer and try to get to full time status by the time you get to the interview. Also be looking for a job in a same or similar position so you can port the application to the new employer.
Myron R. Morales, Attorney
Morales PLLC
[email protected]
Once you obtain the GC and than you are laid of due to financial difficulty of the employer, obtain something from them in writing so you wont be harassed during your naturalization interview 5 years down the road if you still qualify and opt to apply for having misled your employer or abused them by getting the GC and then quitting. Just hope you'll get the GC soon. The H-1B part time amendment is no problem as long as USCIS is appraised by your company and a new LCA is filed and I-129 form is amended.
The I-140/I-485 are all prospective BUT the employer will be held to the Prevailing Wage Determination (contract/promise to pay you the minimum wage as determined by them). As the other competent colleagues already pointed out, and as you know from your own knowledge as reflected in your question, once I-485 has been pending for 180 days you can port (move) your application to another employer who is offering you a similar job willing to pay you at least the same amount as provided for in the PWD of DOL. They can pay you more just not less. I would start to look now anyway for a new employer but DON'T quit and alienate the very helpful current employer who is it seems doing its best to accommodate your precarious immigration situation despite its financial troubles. Good luck.
