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.
THE
ABC'S OF IMMIGRATION - NATURALIZATION - RESIDENCY REQUIREMENTS, PART II
INS
RECEIVES MORE APPLICATIONS THAN EXPECTED FROM SALVADORANS FOLLOWING EARTHQUAKES
SISKIND'S IMMIGRATION BULLETIN