GC Compliance for Employers
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) 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?
Ans. 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.
I had a short telephone conversation with Mr. Khanna. He had reviewed my credentials and he seems to understand my case and also gave me several suggestion on how to go about the green card. Further, he is well aware of the problems associated with the scientific researchers applying for green card. I would recommend his expertise to everyone as now I am aware of process, which is of great help to me.