2 months into I485 and laid off. what are the options?

R

R Pras

Registered Users (C)
Hello all,

I have just been laid off while 2 months into the I-485 process. The employer has said that they have sent a letter to the immigration informing that I no longer work with them. My H1 is valid until Feb of next year. I have a few questions and would appreciate if any of you could answer them;

1. How many days do I have as a H1B to stay in the country?
2. Will this completely stop the GC process or is there still any hope of getting a GC?
3. If GC will continue will it be helpful if I now apply for an EAD?
4. Can I change my status to a visitor?
 
Answers

1. How many days do I have as a H1B to stay in the country?

You can stay indefinitely as long as your I-485 is pending since you are in adjusting status. If your I-485 is denied you will have to leave the US ASAP.

2. Will this completely stop the GC process or is there still any hope of getting a GC?

Possibly, it depends on what the company actually did and the service center\'s interpretation of AC21. If the company actually wrote INS to revoke the I-140, you may have a problem. Also, CSC appears to be requiring proof that a person utilizing AC21 actually work for the petitioning employer for six months after filing the I-485. So, if your file is pending at CSC, or if the company revoked the I-140, you have a very high chance of denial of the I-485.

3. If GC will continue will it be helpful if I now apply for an EAD?

It will if you want to work. You cannot work right now.

4. Can I change my status to a visitor?

There\'s no need to do this. You are in adjusting status and do not need a visa to remain in the US as long as the I-485 is pending. You will need Advance Parole to leave the US and you will need EAD to work here.

Speak to a qualified immigration attorney about this matter since it does involve some unclarified areas of the law (AC21).

Jim
 
A few clarification on the answers to EAD and AP?

Jim, thanks for your input. It sure helps me to know that I need not be insecure about staying perhaps for a couple of months.

My understanding from your message is, I can apply for an EAD which after 3 months or so I am eligible to work. However I did not quite get why I need AP. If I do not apply for an EAD then do I still need an AP to get out of the country?

Are there any documents that I need to furnish to the immigration when I leave the country if I overstay the duration of my H1B?

Please let me know.

Thanks.
 
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