ASK VISALAW.COM

By Marc Topoleski (mtopoleski@visalaw.com), partner in SSHD’s Detroit office.

I am working for a company on an Employment Authorization Document (EAD).  What are the consequences on my status if I get laid off?  Can a company keep an employee on the payroll, but in unpaid status, if they are on EAD?

Unlike a person in H-1B status, a person with a pending I-485 does not need to work to maintain status. However, the fact that you were laid off would likely raise a problem with the ultimate approval of your green card unless the company still intends to employ you when your green card is obtained. Also unlike with H-1B status, an employer can retain an employee without pay while on EAD because the rules regarding benching and prevailing wages do not apply to those on EAD.

I am currently in H-1B status. If my adjustment of status (I-485) application is rejected will my dependents and I be deported immediately?

A person denied an I-485 approval will be allowed to remain in H-1B status if the person continuously complied with the terms of the H-1B visa. If the person did maintain that status, then the INS usually gives the person 30 days to leave the U.S. after denying the I-485. 

Is it possible to get an H4 visa or some other dependent status for my mother?

No.  Under U.S. immigration law, only a spouse or dependent child is eligible for H4 status.  However, after becoming a U.S. citizen, an individual can sponsor their parent for a green card as an immediate relative.