485 before 180 days

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nancy741020

Registered Users (C)
Hi all
  I was laid off before 180 days after I file 485
  Nov. laid off (less than 180 days).
  EAD received Jan.
  Now I find a permanent job, Should I use EAD or apply H1 transfer?
My worries are:
  1. I didn\'t got any pay between Nov and Jan, if I file H1 transfer, will INS approve my case? Maybe they need paystubs for these days. Will this case negative effect on my 485?
  2. If I use EAD, if after a year, when EAD expires, 485 rejected or not adjuncated, How can I keep legal status?

Your help is high appreciately!!!!!
 
Hi all
  I was laid off before 180 days after I file 485
  Nov. laid off (less than 180 days).
  EAD received Jan.
  Now I find a permanent job, Should I use EAD or apply H1 transfer?
My worries are:
  1. I didn\'t got any pay between Nov and Jan, if I file H1 transfer, will INS approve my case? Maybe they need paystubs for these days. Will this case negative effect on my 485?
  2. If I use EAD, if after a year, when EAD expires, 485 rejected or not adjuncated, How can I keep legal status?

Your help is high appreciately!!!!!
 
Use EAD

Why not? In your case, EAD is definitely safer. Though you will need to renew it in a few months, at that time you will be in stable shape. If you did H1 transfer now, most likely the lawyers would ask your paystubs attached to file the case. So using EAD and don\'t worry I-485 rejection or look for troubles

JimZ
 
Legally INS can reject your application. But...

However, I have seen a lot of cases where INS does not go into finding out details of the applicant\'s status after the i-485 application was submitted. But if they go in that route, they can legally raise an intent to deny notice.
 
If 485 rejected !!

If INS raise an intent to deny notice in any case, do one have to start from labour or have to file 485 one more time?(provided one have not changed the employeer !)

Any help will greatly appriciated....
 
Use EAD. There\'s still some confusion about the 180 day portability rule...

as long as you have a new job and 485 processing takes > 180 days you\'re OK.
 
Its only problem, if INS adjudicate your case before 180 days.

If INS didnot adjudicate your case before 180 days (very likely), you are very safe.

Read the attached document. I have collected all this info. from murthy chatt.

You might find some useful info in this document.
 
IF 485 rejected?

Hi Thank you very much for all your kind response.
  My qestion is If INS reject my 485 before 180 days,What are my options?
1. Can I transfer to H1 at that time?
2. Can I use my EAD (EAD still valid for 3 months)? I suppose I can use EAD until it expires, is this correct??? If that is right, can I renew EAD?
Thanks again
 
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