140 approved, i485 filed 1 yr ago. has EAD.laidoff

O

ougya

Registered Users (C)
Need your help badly. Thanks very much!!

i have 140 approved in july 2007. I485 was filed since then. EAD will be expired in june 2009. H1B status. got laid off friday. still on payroll for 30 days. what's the option that i have? have kids in school. have to stay in the states.
1. if i find a job within 30 days, should i file for h1b transfer or ead?
2. if i don't have a job within 30 days, do i have a legal problem? one friend said to me, the INS most likely will not ask your status. so i should be ok. but the company said that it will withdraw my non-immigrant visa petition after 30 days. Do compeanies really do it or it is a threat only? but in any case, what are possible scenarios and solutions?

Thanks!!
 
You should find a job with same job title/duties mentioned in labor certification (ETA 9089). Later at final time of I-485 adjudication, USCIS can or might sent RFE to I-140 petitioning employer whether job is still available, at that moment you can invoke AC21 and provide existing new employer name, address, job title, duties
 
Thank you! what's the procedure to invoke ac21 once I receive RFE letter?
second, if i find a job, should i simply present the employer my EAD card? that's all?
 
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