I had applied for an EAD for a L2 Visa. Although I entered the information correctly, USCIS rejected the application stating that I applied under a wrong category. I called them multiple times to explain this and there was no proper response. Some even suggested me to reapply and start all over again. I sent a mail to Rajiv and he suggested contacting the local Congressman's office. I explained these details to a member of my local congressman's office and she was able to contact USCIS and get the EAD approved.
“The law permits H-1B visa holders to be non-productive as long as they are paid. It is important to note that employers cannot bench employees without payment of their full salaries,” explains Rajiv S. Khanna, managing attorney at Immigration.com
For more information on this news please read the attached file.
1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.
1. First of all the 60-day grace period only begins if you have been terminated from employment. More important for your purposes is that they have to tell you (doesn't have to be in writing) that they are terminating your employment. If they don't tell you they have failed to terminate your employment, so there's no question of a 60-day grace period. You can file a complaint with the Wage and Hour Division (WHD) - US Department of Labor. They will get the money for you.
2. In order to continue working and be in status your H-1B must be received by the USCIS before your current H-1B expires so your deadline is to get the physical filing over to the USCIS before your current status expires.
My wife and I have returned to the the US to continue our day to day activities. In India we got our Visa's with little hassle and had no problem running through immigration. I would like to thank you and your staff for their effort in deducing a way to get my family back to the US.
I received my 2nd finger printing notice which is suggestive my wife's GC and I485 application is unaffected.
Thanks.