485 filed. Not passed 180 days. May get layoff

V

victoria

Registered Users (C)
My 485 was filed 2 months back. So I have not crossed 180 days yet. I might get laid off in next couple of weeks. I have neither got 485 receipt notice nor EAD. My H1 is valid till Feb,2003 with current employer.
What are my options ?
What paper work should I get from my current employer ?
 
Wait for EAD...

It might be difficult to find employers willing to do H1 transfer in these times. If you can find one jump on it. Otherwise wait for EAD and find another job, maybe concurrently.

Once you get a job, talk to an attorney to decide whether to inform INS.
 
I AM IN SIMILAR SITAUTION

see I have the similar sitauation but my employer is ready to sponsor and hire me . Since it has been 2 months since i filled 485 I have to wait another 4 months otherwise Ac21 will not work.
sow how can he work on EAD
 
AC21 Working

Why do you have to wait four more months before AC21 will work?Nothing in the law or the memorandum states that you have to work for your petitioner at any stage in the process.
 
i was also wondering...

i was also wondering that why should i not work for other company till i get a project from my employer if he is not paying bench and if he finds then back to employer...any comments....
 
No Title

First thing, get I485 receipt, goto local INS center where they
issue, EAD. Get EAD in a day and then can work for any employer.

I learned from murthy chat that you don\'t even have to worry about
180 days after filing I485 if you are laid off.

All the best.
 
Not all INS offices give same day EADs...

but definitely worth a try! The only one I have heard does is Boston.
 
EAD valid after layoff ????

Question is
Will EAD be valid if one gets laidoff before getting EAD?
Will I be out of status after laidoff as I won\'t have EAD or H1-B?

Is there anyone with who is/has going/gone through this, please share your experience.
 
You are not out of status if you filed 485...

you just cannot work without H1/EAD. Your EAD will be fine even if you got laid off.
 
What Proof INS requires that one has changed job after 180 days ???

How does INS knows that a person has been with the employer till 180 days and has changed the job afterwards. (May be by asking first pay stub of new employer. ) Any ideas ......

Does employer has to inform INS that they have laidoff this H1-B employee ??
 
Only if you get emp.letter RFE you have a problem

Otherwise if you get non-emp.letter RFE or none, you are fine. AC21 says you "should" inform INS of job change post-180 day scenario. Consult a good attorney anyhow for the pre-180 scenario. But it does not mean there is necessarily a problem.
 
No Title

AC21 just safe guards your I-140 after 180 days of filing I-485. That means sponsor employer cannot recall his I-140. INS didn\'t mandate to inform INS about job change, there is a gray area here. So you can inform INS your job change but you are NOT required to do so. I have seen many cases on this board got approved after changing the jobs even prior to AC21 takes place into effective. All they do care is you should have a job when you got your approval so that you will not be a public charge.

About EAD, EAD is nothing to do with your employer. It was applied by you by using your Adjustment of Status. You can work wherever you want and stay at home if needed you are in still status. Your status is \'AOS\' until INS takes a decision on your I-485 application. so don\'t worry about using EAD after got laid off by present employer.

Receiving EAD is taking about two months from your filing date, since you have applied two months ago you would be receiving your receipts as well as your EAD soon.

Since you already applied EAD at service center you cannot apply EAD at local office, but you can get a temporary EAD at local INS office if 90 days passed from you filing date. So you are not eligible to apply EAD at local INS office at least for a month, by then I am confidant that you should be receiving EAD on your hand.

I hope this helps, let me know if you have any further questions.
 
Thanks OCT2000

Your message helped a lot. Thanks again.
I have few more questions:
What are my options that I can suggest to my employer to keep me aboard?
What documents do I need from my present employer before I switch to new employer? Documents I might need to present to INS when they adjudicate my case.
What are my options in scenario if I don\'t get a job before I am laid off? What will be my status? Do I have to let 180 days pass and then join a new job?
How come one get a RFE at the time of AOS adjudication if he changes job before/after 180 days of 485 filing and does not inform INS about job change?
 
I am in similar situation.

I think if an RFE is issued for a pre-180 scenario, one should submit an employment letter from the current employer and a future employment offer letter from the previous employer. This is my interpretation from the info gathered from this board and other immigration sites.

I am not sure what to do in case INS asks for pay stubs etc.
 
so people have changed job before 180 days

see I have told my employer that they have to wait for 3-4 months but I do not know wut will happen ,now HR has to deicde .
Mr.khanna says wait for 180 days but as u said murthy chat says u can change once u get the EAD .
please advise me
 
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