Urgent! On H1B when filing Family based AOS. Got threatened by an H1B employer to report USCIS

[HogNKisses 0]

Dear all,

Please kindly advise me on what i should do. I have entered the US in Oct 2007 on H1B. And, I have filed family based AOS.

The company i work is a private consulting firm. And the nature of work we do is contractual based. I was working on a contract job from December until early March 2008. Then, I have become on bench. The company has a rule that i need to report to the office everyday from 9 -5.

I got married with my USC husband in Jan 2008. We filed I-130/I485 on Feb 2008. (I was still working for them at the time of filing) After filing I-130/1-485 for a month or so, the contract was over. I reported to the office since that time until early April 2008. Last week, i got AP and EAD card. So i want to become independent as soon as i can. I have just started actively applying for jobs myself. But not much is going on. I haven't gotten any offeres and used an EAD card yet.

My employer called today threatening me (in the voice mail) that i have not reported to the office for 2 weeks. They need to know why. If i do not show up next Monday, they will report USCIS that i am no longer their employee.

From my understanding, I already have EAD in hands; and am legal in the US. What if they leterally report to USCIS as such, would i be out of status????

I was thinking about trying to get a job and use EAD as soon as possible(at least before they have a chance to report to USCIS!) After that, whatever they would report to the USCIS wouldn't cause me any problems!!!

Is my thought the right way to go?? Does anyone have any advise??? PLEASE help!!!!

Would like to add more info..

01/2003: Came to US(F1 visa)

02/2006: Started dating with my USC husband in CA.

06/2006: He moved to IL. I was on OPT (F1 at that time)

10/2006: I relocated to IL, and moved in with my husband.

09/2007: OPT ended. I went out of the US.

10/2007: I came back to the US on H1B.

01/2008: We got married.

02/2008: We filed I130/I485 package to USCIS

03/2008: Fingerprinting was done. I was still working for my employer on H1B. Unfortunately, the project that my company had with its client ended. So, the last cheque i got from them was until March 05, 2008. After that, i had to come back on bench to wait for the next project. I have reported to office everyday since then until the beginning of April.

04/2008: I got AP and EAD in the mail.

My anxiety about this is since I have not officially declared my status as 'AOS pending' by either traveling out of the US (using AP) or getting a new job(using EAD) and thus given up my H1B, my status is hazy. It would be clear cut if I can easily get a new job during the bad economy at this time so that I can just use EAD. Unfortunately, after i have been waiting for almost 2 months, I really do not know when i would get a new job on my own.

I am not sure if my employer reports to USCIS that i am no longer their employer, I (as on H1B) would be out of status even though i already have filed AOS and have AP and EAD in hand.

Or, because I have filed AOS and have AP and EAD in hand, I should just ignore them???

[YuAndDan 153]

Your status is AOS pending, USCIS will allow you to remail in the USA until a decision is made on the I-485.

Edited April 20, 2008 by YuAndDan

[soulprovider915 4]

Dear all,

Please kindly advise me on what i should do. I have entered the US in Oct 2007 on H1B. And, I have filed family based AOS.

The company i work is a private consulting firm. And the nature of work we do is contractual based. I was working on a contract job from December until early March 2008. Then, I have become on bench. The company has a rule that i need to report to the office everyday from 9 -5.

I got married with my USC husband in Jan 2008. We filed I-130/I485 on Feb 2008. (I was still working for them at the time of filing) After filing I-130/1-485 for a month or so, the contract was over. I reported to the office since that time until early April 2008. Last week, i got AP and EAD card. So i want to become independent as soon as i can. I have just started actively applying for jobs myself. But not much is going on. I haven't gotten any offeres and used an EAD card yet.

My employer called today threatening me (in the voice mail) that i have not reported to the office for 2 weeks. They need to know why. If i do not show up next Monday, they will report USCIS that i am no longer their employee.

From my understanding, I already have EAD in hands; and am legal in the US. What if they leterally report to USCIS as such, would i be out of status????

I was thinking about trying to get a job and use EAD as soon as possible(at least before they have a chance to report to USCIS!) After that, whatever they would report to the USCIS wouldn't cause me any problems!!!

Is my thought the right way to go?? Does anyone have any advise??? PLEASE help!!!!

Would like to add more info..

You should at least tell your former employer that you have an EAD card and that you can work legally in the USA outside of their work visa. That's just good business. Plus you might need a work reference from this company to get another job. Don't just walk off the job, it doesn't look good to future employers. If you tell them what's happening, they will at least know what's going on. I hope this helps!!!!

01/2003: Came to US(F1 visa)

02/2006: Started dating with my USC husband in CA.

06/2006: He moved to IL. I was on OPT (F1 at that time)

10/2006: I relocated to IL, and moved in with my husband.

09/2007: OPT ended. I went out of the US.

10/2007: I came back to the US on H1B.

01/2008: We got married.

02/2008: We filed I130/I485 package to USCIS

03/2008: Fingerprinting was done. I was still working for my employer on H1B. Unfortunately, the project that my company had with its client ended. So, the last cheque i got from them was until March 05, 2008. After that, i had to come back on bench to wait for the next project. I have reported to office everyday since then until the beginning of April.

04/2008: I got AP and EAD in the mail.

My anxiety about this is since I have not officially declared my status as 'AOS pending' by either traveling out of the US (using AP) or getting a new job(using EAD) and thus given up my H1B, my status is hazy. It would be clear cut if I can easily get a new job during the bad economy at this time so that I can just use EAD. Unfortunately, after i have been waiting for almost 2 months, I really do not know when i would get a new job on my own.

I am not sure if my employer reports to USCIS that i am no longer their employer, I (as on H1B) would be out of status even though i already have filed AOS and have AP and EAD in hand.

Or, because I have filed AOS and have AP and EAD in hand, I should just ignore them???

[soulprovider915 4]

Your status is AOS pending, USCIS will allow you to remail in the USA until a decision is made on the I-485.

I messed up my previous response. Tell them that you can work legally in the USA outside of their employment. Tell them that you have an EAD. You may need them as a reference for a future job, so don't just leave without an explanation. I hope this helps.

[*JG* 2]

I was going to suggest the same thing....work it out cause it would be good for you to use them for a reference in the future.

[Caladan 19]

You're adjusting status based on a marriage, not on a job, right? They can report to USCIS all they want, but that won't affect your immigration status, because your new status isn't derived from your work status.

[HogNKisses 0]

You're adjusting status based on a marriage, not on a job, right? They can report to USCIS all they want, but that won't affect your immigration status, because your new status isn't derived from your work status.

That is correct. I filed AOS based on marriage to a USC husband. Some people said I do not have to "declare" my status as "AOS pending" as soon as you file I-485 and get the receipt, I become that status... the difference is that if you do not use AP or EAD and you maintain the requirements for H1B then you could fall back to that if the AOS is denied...

I am so upset with this employer. I am only not sure what if i just quit on them they will be able to do anything to cause any harm to me. They are pretty nasty. So, I don't think i can wait till my greencard is approved(which will be at leat 4-5 months minimum). So, I just want to make sure that i will be safe even if i ignore them!!!

[lala_xoxo 2]

I was going to suggest the same thing....work it out cause it would be good for you to use them for a reference in the future.

I second that...you never know if you might need them....God Forbid (what is there are some serious delays in your application and you're are left without a job for a really long time?)....its a small world.....moreso, most jobs these days require at least a reference and a bad one is not gonna help you....

Don't just leave your employer hanging, let him know that you are currently in the process of adjusting your status and will not be working for him anymore.....I don't even think he is being mean by reporting you to INS, they are required by law to report you since they filed your HI-B work visa for you....don't burn bridges!!!

[Ngoc-Anh 1]

I do not think you have to explain the circumstances to your former employer (that you got married and filed AOS based on that and that you got EAD etc.) it is just non of their business. If they are nice people then I would personally try to explain to them but otherwise....I would not.

Don't let them bother you! You are fine!

[HogNKisses 0]

I do not think you have to explain the circumstances to your former employer (that you got married and filed AOS based on that and that you got EAD etc.) it is just non of their business. If they are nice people then I would personally try to explain to them but otherwise....I would not.

Don't let them bother you! You are fine!

My situation is a bit different. This employer is literally an agency(with the mask as a consulting firm) that does nothing and would do ANYTHING to make money out of me. I will absolutely not tell them about application for AOS; otherwise they will go after me as they mandatorily had everyone signed a contract before taking the first project that I will stay and work for them for at least a year. They stated in the contract if we breach the contract, we will have to pay 20K penalty for causing the loss of business opportunity or something(I don't remember). And I worked for them for 3 months. Since i finished the first contract project, i have been waiting for 2 months without a job and unpaid. So, I am thinking about the safest way to quit this freakin company!!!

[immi_007 0]

Dear all,

Please kindly advise me on what i should do. I have entered the US in Oct 2007 on H1B. And, I have filed family based AOS.

The company i work is a private consulting firm. And the nature of work we do is contractual based. I was working on a contract job from December until early March 2008. Then, I have become on bench. The company has a rule that i need to report to the office everyday from 9 -5.

I got married with my USC husband in Jan 2008. We filed I-130/I485 on Feb 2008. (I was still working for them at the time of filing) After filing I-130/1-485 for a month or so, the contract was over. I reported to the office since that time until early April 2008. Last week, i got AP and EAD card. So i want to become independent as soon as i can. I have just started actively applying for jobs myself. But not much is going on. I haven't gotten any offeres and used an EAD card yet.

My employer called today threatening me (in the voice mail) that i have not reported to the office for 2 weeks. They need to know why. If i do not show up next Monday, they will report USCIS that i am no longer their employee.

From my understanding, I already have EAD in hands; and am legal in the US. What if they leterally report to USCIS as such, would i be out of status????

I was thinking about trying to get a job and use EAD as soon as possible(at least before they have a chance to report to USCIS!) After that, whatever they would report to the USCIS wouldn't cause me any problems!!!

Is my thought the right way to go?? Does anyone have any advise??? PLEASE help!!!!

Would like to add more info..

01/2003: Came to US(F1 visa)

02/2006: Started dating with my USC husband in CA.

06/2006: He moved to IL. I was on OPT (F1 at that time)

10/2006: I relocated to IL, and moved in with my husband.

09/2007: OPT ended. I went out of the US.

10/2007: I came back to the US on H1B.

01/2008: We got married.

02/2008: We filed I130/I485 package to USCIS

03/2008: Fingerprinting was done. I was still working for my employer on H1B. Unfortunately, the project that my company had with its client ended. So, the last cheque i got from them was until March 05, 2008. After that, i had to come back on bench to wait for the next project. I have reported to office everyday since then until the beginning of April.

04/2008: I got AP and EAD in the mail.

My anxiety about this is since I have not officially declared my status as 'AOS pending' by either traveling out of the US (using AP) or getting a new job(using EAD) and thus given up my H1B, my status is hazy. It would be clear cut if I can easily get a new job during the bad economy at this time so that I can just use EAD. Unfortunately, after i have been waiting for almost 2 months, I really do not know when i would get a new job on my own.

I am not sure if my employer reports to USCIS that i am no longer their employer, I (as on H1B) would be out of status even though i already have filed AOS and have AP and EAD in hand.

Or, because I have filed AOS and have AP and EAD in hand, I should just ignore them???

[immi_007 0]

hi all,

i am on h-1b as well. i came here in mar 2008 and i am not employed yet(no projects n not paid since i came here).

i am married to us citizen last week of march. can i apply for AOS n i-485 or i need to wait until i get job ?

va i need to answer for question 15 in i-130 which says ''name and address of present employer'' and ''date this employment began''

i am confused. could you please answer my question....

thank you,

james

[yandresyuk 0]

You can absolutely apply for AOS, H1-B does not preclude that.

hi all,

i am on h-1b as well. i came here in mar 2008 and i am not employed yet(no projects n not paid since i came here).

i am married to us citizen last week of march. can i apply for AOS n i-485 or i need to wait until i get job ?

va i need to answer for question 15 in i-130 which says ''name and address of present employer'' and ''date this employment began''

i am confused. could you please answer my question....

thank you,

james

[trisha_marie 0]

Dear all,

Please kindly advise me on what i should do. I have entered the US in Oct 2007 on H1B. And, I have filed family based AOS.

The company i work is a private consulting firm. And the nature of work we do is contractual based. I was working on a contract job from December until early March 2008. Then, I have become on bench. The company has a rule that i need to report to the office everyday from 9 -5.

I got married with my USC husband in Jan 2008. We filed I-130/I485 on Feb 2008. (I was still working for them at the time of filing) After filing I-130/1-485 for a month or so, the contract was over. I reported to the office since that time until early April 2008. Last week, i got AP and EAD card. So i want to become independent as soon as i can. I have just started actively applying for jobs myself. But not much is going on. I haven't gotten any offeres and used an EAD card yet.

My employer called today threatening me (in the voice mail) that i have not reported to the office for 2 weeks. They need to know why. If i do not show up next Monday, they will report USCIS that i am no longer their employee.

From my understanding, I already have EAD in hands; and am legal in the US. What if they leterally report to USCIS as such, would i be out of status????

I was thinking about trying to get a job and use EAD as soon as possible(at least before they have a chance to report to USCIS!) After that, whatever they would report to the USCIS wouldn't cause me any problems!!!

Is my thought the right way to go?? Does anyone have any advise??? PLEASE help!!!!

Would like to add more info..

01/2003: Came to US(F1 visa)

02/2006: Started dating with my USC husband in CA.

06/2006: He moved to IL. I was on OPT (F1 at that time)

10/2006: I relocated to IL, and moved in with my husband.

09/2007: OPT ended. I went out of the US.

10/2007: I came back to the US on H1B.

01/2008: We got married.

02/2008: We filed I130/I485 package to USCIS

03/2008: Fingerprinting was done. I was still working for my employer on H1B. Unfortunately, the project that my company had with its client ended. So, the last cheque i got from them was until March 05, 2008. After that, i had to come back on bench to wait for the next project. I have reported to office everyday since then until the beginning of April.

04/2008: I got AP and EAD in the mail.

My anxiety about this is since I have not officially declared my status as 'AOS pending' by either traveling out of the US (using AP) or getting a new job(using EAD) and thus given up my H1B, my status is hazy. It would be clear cut if I can easily get a new job during the bad economy at this time so that I can just use EAD. Unfortunately, after i have been waiting for almost 2 months, I really do not know when i would get a new job on my own.

I am not sure if my employer reports to USCIS that i am no longer their employer, I (as on H1B) would be out of status even though i already have filed AOS and have AP and EAD in hand.

Or, because I have filed AOS and have AP and EAD in hand, I should just ignore them???

Just ignore them..your employer can report u but it won't affect ur AOS status.