485 pending, job loss, status question - help!

[shila]

Hi! I hope someone can share their experience/knowledge about my situation..

Here is some background:
- My husband and I are currently working using H1-B.
- We are both in our 7+ years extension period (H1-B extended based on
approved I-140).
- Our 485 applications have been pending for 1.5 years.
- Our EADs are renewed every year, but not used for employment (so far).
- I am the primary applicant.


Questions:
-If I lose my job (which is possible due to some restructuring) and am unable to find another, what will be the status of our AOS applications?
- In that case, could my husband get H1 transfer and could I go into H4 status - without abandoning our AOS applications?
- If I do find another job, can I continue working on H1B or do I have
to use EAD to retain my AOS processing?


Thanks!

 

[TheRealCanadian]

If I lose my job (which is possible due to some restructuring) and am unable to find another, what will be the status of our AOS applications?

If you cannot give USCIS evidence that you are employed by your sponsor or have a "same or similar" job with someone else and they ask, your I-485s will be denied.

In that case, could my husband get H1 transfer and could I go into H4 status - without abandoning our AOS applications?

Your husband doesn't need an H1 transfer if he's not switching jobs. You could certainly switch to H4 status, but I don't see why you would want or need to. If anything, a non-working immigrant status is a good clue to USCIS that they should not approve your I-485 without issuing an employment verification RFE first.

If I do find another job, can I continue working on H1B or do I have
to use EAD to retain my AOS processing?

You can do an H-1 transfer.