140NIW/485 pending, lost job, any options?

G

griggs

Registered Users (C)
I filed 140NIW in June 03, and 485 in Nov. 03. I lost my job a month ago, and I am now agrassively looking for a job. I have an EAD effective until May 05, and my current H-1 expire June 05. My wife is on H-1 too. So gurus, what options do I have? Here are something I am considering:

1. work on EAD, in case anything happens on my 140NIW/485, apply for H-4 base on my wife's H-1;
2. wait for an employer to transfer my H-1, may take two more months;
3. change to H-4 base on my wife's H-1 right now, and change back to H-1 until find a job.

Gurus, how big is the risk with option #1? I am very worried about using the EAD, and later getting out of status due to 140/485 issures. Am I subject to the 3 years ban if there is a gap or over 6 months between my H-1 or H-4?

I appreciate your suggestions and comments,

Best regards.
 
griggs said:
I filed 140NIW in June 03, and 485 in Nov. 03. I lost my job a month ago, and I am now agrassively looking for a job. I have an EAD effective until May 05, and my current H-1 expire June 05. My wife is on H-1 too. So gurus, what options do I have? Here are something I am considering:

1. work on EAD, in case anything happens on my 140NIW/485, apply for H-4 base on my wife's H-1;

H-4 maybe the best option if you think it will take you about 2 months to find a job.

2. wait for an employer to transfer my H-1, may take two more months;

Go with H-4, in my opinion. CIS is very clear about it. They will not transfer your H1-B unless your paychecks are current -- that is, you have to show about 2 months of your recent paychecks at the time of requesting a transfer of H1-B. If you don't have that, CIS will approve your underlying H1-B but reject your transfer and declare you out of status.

3. change to H-4 base on my wife's H-1 right now, and change back to H-1 until find a job.

Gurus, how big is the risk with option #1? I am very worried about using the EAD, and later getting out of status due to 140/485 issures. Am I subject to the 3 years ban if there is a gap or over 6 months between my H-1 or H-4?

If you lose your job, technically you are out of status. But, for the 3-year ban to come into effect, you must be unlawfully present in the US. For this to happen, there are two ways:

1. your I-94 expires and you stay in the US beyond that date.
2. INS declares you out of status.

If your company has not cancelled your H1-B then you are still in status. Request the company not to cancel your H1-B soon so that it will buy some time to change over to H-4 or find a new employer.

These are just my opinions and I am no expert.

I appreciate your suggestions and comments,

Best regards.
Click to expand...
 
The only thing you need to do is to find a new job that matchs your LC. You don't need to do anything else since you have an I-485 pending. Once you find a job, you may consider H1 transfer (sometimes they don't allow a gap) or use EAD if your I-140 has been approved.



griggs said:
I filed 140NIW in June 03, and 485 in Nov. 03. I lost my job a month ago, and I am now agrassively looking for a job. I have an EAD effective until May 05, and my current H-1 expire June 05. My wife is on H-1 too. So gurus, what options do I have? Here are something I am considering:

1. work on EAD, in case anything happens on my 140NIW/485, apply for H-4 base on my wife's H-1;
2. wait for an employer to transfer my H-1, may take two more months;
3. change to H-4 base on my wife's H-1 right now, and change back to H-1 until find a job.

Gurus, how big is the risk with option #1? I am very worried about using the EAD, and later getting out of status due to 140/485 issures. Am I subject to the 3 years ban if there is a gap or over 6 months between my H-1 or H-4?

I appreciate your suggestions and comments,

Best regards.
Click to expand...
 
One more question

griggs said:
I filed 140NIW in June 03, and 485 in Nov. 03. I lost my job a month ago, and I am now agrassively looking for a job. I have an EAD effective until May 05, and my current H-1 expire June 05. My wife is on H-1 too. So gurus, what options do I have? Here are something I am considering:

1. work on EAD, in case anything happens on my 140NIW/485, apply for H-4 base on my wife's H-1;
2. wait for an employer to transfer my H-1, may take two more months;
3. change to H-4 base on my wife's H-1 right now, and change back to H-1 until find a job.

Gurus, how big is the risk with option #1? I am very worried about using the EAD, and later getting out of status due to 140/485 issures. Am I subject to the 3 years ban if there is a gap or over 6 months between my H-1 or H-4?

I appreciate your suggestions and comments,

Best regards.
Click to expand...

One more question: suppose I begin to work on EAD, if 6 months later my 140NIW or 485 is rejected, can I still apply for H-4 based on my wife's H-1? :confused:
Thanks a lot for your comments.
 
griggs said:
One more question: suppose I begin to work on EAD, if 6 months later my 140NIW or 485 is rejected, can I still apply for H-4 based on my wife's H-1? :confused:
Thanks a lot for your comments.
Click to expand...

I believe you can apply for H4 anytime so long as your stay in the US is legal and your wife's H1-B is valid.
 
if there is a gap of 8 months in H-1 visa, what happens? :confused:

trojanblue said:
I believe you can apply for H4 anytime so long as your stay in the US is legal and your wife's H1-B is valid.
Click to expand...

Thanks, trojanblue. If I use the EAD to work and 8 months later I have to switch to H-4 due to 140 or 485 issues, does USCIS still approve H-4 based on my wife's H-1? If they approve, do they require me to go to my home country to apply visa? :confused:
 
griggs said:
One more question: suppose I begin to work on EAD, if 6 months later my 140NIW or 485 is rejected, can I still apply for H-4 based on my wife's H-1? :confused:
Thanks a lot for your comments.
Click to expand...

My lawyer told me that nonimmigration visa must be CONTINUOUS. in other words, if your I-485 is denied (so is your EAD), and you did not continuously maintain your nonimmigration status, you will be OUT OF STATUS right away.


Consult a lawyer immediately. don't simply trust people here (including me i must admit)
 
griggs said:
One more question: suppose I begin to work on EAD, if 6 months later my 140NIW or 485 is rejected, can I still apply for H-4 based on my wife's H-1? :confused:
Thanks a lot for your comments.
Click to expand...

btw, it does not hurt to apply for H-4 any way. you can work using EAD, and maitain your H-4 status at the same time. why not???
 
griggs said:
I filed 140NIW in June 03, and 485 in Nov. 03. I lost my job a month ago, and I am now agrassively looking for a job. I have an EAD effective until May 05, and my current H-1 expire June 05. My wife is on H-1 too. So gurus, what options do I have? Here are something I am considering:

1. work on EAD, in case anything happens on my 140NIW/485, apply for H-4 base on my wife's H-1;
2. wait for an employer to transfer my H-1, may take two more months;
3. change to H-4 base on my wife's H-1 right now, and change back to H-1 until find a job.

QUOTE]


I am wondering about a fourth option.

4. find a job before May 2005, start the job with EAD and request the company to apply for H-1(either transfer or new).

What do Gurus think?
Click to expand...
 
You must log in or register to reply here.
Top