Immigration FAQ: Green Card Compliance for Employers

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/

Question: Some of our employees’ green cards have been filed. Their projects have ended. They are working on H-1, but possess EAD and have I-140 approved and I-485 pending more than 180 days. If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?

Spar & Bernstein: You are not required to pay “bench salaries” for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, “do you still have a “permanent” job for them?” If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.

The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com