Relocating / On EAD / Options discussion

[lost_angeles]

Hi,

I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.

I am currently on H1B visa, but also have a valid EAD.

Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.

Would you please let me know your thoughts.

Thanks!

[lost_angeles]

Anyone?

[dassumi]

If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?

Anyone?

[lost_angeles]

I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?

[dassumi]

I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer

I would consult an attorney, let me know if you need one and I can get you in touch with mine.