Help! Got laid off today... I-140 approved I-485 Past 180 days.

[hges1010]

Yep, the economy sucks.

First let me say how happy I am to have found this forum. I feel a little bit better after reading some of your experiences. I would really appreciate any help with my questions.

My wife applied to the GC under my application. We both have EAD and AP. EAD expires in 2010. As stated in title, I-140 was approved in 2007 and the I-485 has been pending for at least a year and a half.

Can my wife keep working even after my layoff? Do you all have a sense of how long would it take for USCIS to find out and start requesting me proof of employment?

Thanks and you all hang in there!

[ginnu]

Originally Posted by hges1010

Yep, the economy sucks.

First let me say how happy I am to have found this forum. I feel a little bit better after reading some of your experiences. I would really appreciate any help with my questions.

My wife applied to the GC under my application. We both have EAD and AP. EAD expires in 2010. As stated in title, I-140 was approved in 2007 and the I-485 has been pending for at least a year and a half.
----------------------find job with new employer then invoke AC21
Can my wife keep working even after my layoff?
---YES, till validity of EAD.
Do you all have a sense of how long would it take for USCIS to find out and start requesting me proof of employment?
------------------------when they pick up your file.
Thanks and you all hang in there!

-----------------

[hges1010]

Thanks a lot for replying Ginnu. I had one more thing.

We have 17 months before EAD expires so I'm hopeful I'll find another job by then... but if that were not the case... can we still apply for an extension of EAD? I would need to apply for EAD extension in Feb 2010 (EAD expires in 08/2010). If I were still withouth a job, would that cause my wife to have her EAD revoked or not approved even though we have an I-485 pending?

Thanks.

[ginnu]

Originally Posted by hges1010

Thanks a lot for replying Ginnu. I had one more thing.

We have 17 months before EAD expires so I'm hopeful I'll find another job by then... but if that were not the case... can we still apply for an extension of EAD?
-----------------Yes(if I-485 still pending)
I would need to apply for EAD extension in Feb 2010 (EAD expires in 08/2010). If I were still withouth a job, would that cause my wife to have her EAD revoked or not approved even though we have an I-485 pending?
--------------- if she has her I-485 pending why her EAD will be revoked??
Thanks.

---------------------

[hges1010]

Well, she filed her I-485 under my application... I'm not sure, I'm just trying to picture the worst case scenario. Thanks.

[ginnu]

Originally Posted by hges1010

Well, she filed her I-485 under my application... I'm not sure, I'm just trying to picture the worst case scenario. Thanks.

You are the primary and your wife is derivate.
She has her derivative I-485 pending and she got EAD based on her Pending I-485. She can file for EAD extension /renewal and can get her EAD or AP. You can also get EAD extension /renewal on the base of pending I-485 and can also get AP.

[jagdishkab]

I am also in the same boat

what happens if there is a gap of say 4 months ( no salay slips) between getting the second employer?

Is it good enough if I have a permanent job offer letter from a consultancy company when INS process my file. Once I get GC , do i have to work for them?

Help and hope things become better from everyone.

[bigboy00]

Originally Posted by jagdishkab

I am also in the same boat

what happens if there is a gap of say 4 months ( no salay slips) between getting the second employer?

-- That's okay, because you are still in status (AOS pending)

Is it good enough if I have a permanent job offer letter from a consultancy company when INS process my file. Once I get GC , do i have to work for them?

-- It would be considered as a fraud if you leave your employer the next day after getting the GC. It seems you will just be using the letter to show that you have an offer. Your case could be turned down if caught.