485 Question - Gurus

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sp7

Registered Users (C)
Hi,
I would appreciate if I could get a clarification. Apologise if question is repeated.
My wife is on a 7th year H1 visa and I am on F1. We have a approved 140 and are getting ready to apply for 485.
1. Assuming we get 485 receipt and obtain EAD and AP (from Boston INS), what happens to our status if my wife gets laid off before 6 months?
I understand that we lose our statuses once we get EAD. Can we go back to F1 and F2 visa OR is that ruled out? What will be our options then? Any suggestions.

2. Is the company usually receptive to the idea of Unpaid Leave of absence? (if you get laid off and ask for LOA until 6 months)

thanks,
 
No Title

1. Assuming we get 485 receipt and obtain EAD and AP (from Boston INS), what happens to our status if my wife gets laid off before 6 months?
I understand that we lose our statuses once we get EAD. Can we go back to F1 and F2 visa OR is that ruled out? What will be our options then? Any suggestions.

If she gets laid off before six months u are in trouble but trouble will come only if u get a RFE( Request for Further Evidence) for employement verification or pay slip. otherwise if the i-485 approves regulary no problem. i know one of our friend filed i-485 and she got laid off after 3 months but luckly she got an RFE for medical as she didn\'t take medical during filing due to pregnancy. Now she got approved without any problem. No idea about F1/F2

2. Is the company usually receptive to the idea of Unpaid Leave of absence? (if you get laid off and ask for LOA until 6 months)

Then it will be fine but if RFE comes for payslips,then u may have to arrange it. Hope the i-485 will be fast in comming months.
 
sp7

Technically, if your wife is laid off anytime during the GC processing, you are in trouble. The only consolation is that AFTER 180 days have passed since you filed the 485 application, the underlying 140 will not be jeopardized if your wife switches employees (layoff or otherwise). INS recently issued a memo saying that there is NO, I repeat, NO grace period for H1B visa holders once they lose their jobs. Even the famous 10-day grace period myth was dispelled. According to the memo, the H1B visa holder loses status immediately following a loss of employment. (Now, don\'t ask me the "ifs" and "hows" of the logic behind that stupid memo -- that\'s what I think it is -- STUPID!).
Secondly, I noticed that you are under the impression that merely obtaining EAD puts you out of "status" You have to know that you (& your wife) ARE in status as long as your wife has a job (hopefully with the current employer) and you guys filed the 485 BEFORE your/your wife\'s I-94 expiry. And, EAD does not automatically replace your wife\'s H1 status. She can remain in H status as long as she DOES NOT use her EAD for the job.
As for your second question, I don\'t think that it is legal and I will refrain from commenting further.
Third, since you and your wife have shown immigration intent, it maybe very difficult (almost impossible) to go back to F1 status.

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Please note that I am not a qualified legal advisor or an immigration attorney and I don\'t claim to be an expert in US immigration matters. You should not construe the above as legal advice. I am not responsible for your actions based on the contents of this message and the consequences thereof.
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