Immigration Status without Job and with EAD

[xe_na]

Hi,

I have got EAD and AP around an year back. I am still working on H-1B visa which is valid for 2 more years.

My employer is seeing tough time as most of others. What happens if i loose job?

Do i need to go back to native country (India) or I can stay in US without a Job as i have EAD and AP.

Do i need to change any status if i loose job to stay in US (like H-1B to EAD or something?)

[nscagony]

As long your I-485 is pending you will be in status and if you keep renewing your EAD and AP you can work and travel. You should try to find a new job immediately and invoke AC21 (telling USCIS that your I-140 is now backed by a new job you just found), since they are likely to ask for an employment verification letter once your I-485 is ready to be approved.

[xe_na]

Thanks nscagony,

This means that there is nothing immediately required for immigration to maintain status in US.

All i need to find a job and update AC 21 before my I 485 comes near approval.

My PD is 3 years after the current date of processing and hence i am not expecting 485 approval coming soon. Hence i am assuming i am good for now. Please let me know if there is some other glitch which i need to take care.

[nscagony]

You should try to find a new job very soon. While usually they won't randomly ask you to verify your employment, technically speaking they can. Sometimes they also do when you enter the US on AP. Otherwise I don't think there is anything you have to worry about.

[snowsnowball]

Hi All:

I got a letter from USCIS on the request for employment evidence. I was working with a university as postdoctoral fellow. Unfortunately, my application for H1B extension was denied because the USCIS officer said that I was not physically in the USA. In fact, it was a mistake because of the university staff did not include my newest I-94 card and Advance Parole stamped by customer of USA.

Unfortunatley, I do not have EAD and AP at this moment. I have requested for expedite EAD which is still pending in 2 weeks.

I have offer letter from the University. In fact, I have worked for this university for more than one year.

So what can I do? Should I go back to my home country to apply a new H1B visa without AP? Is it too risky?

Thanks a lot,