All the OldTimers here What do you think ???

[GC_seeker_CA]

Please provide your thoughts on the following :

If the I 140 is approved and also an individual has an EAD card and the I 485 is pending.
Under such circumstances if the individual gets laid off:

1) Is the individual still in valid status ? Which status ?

2) Can the individual accept employment with another company ?

3) if Yes, Does the new employer have to apply for H1B - H1B transfer OR use EAD to join new employer ?

4) What happens to the old I 485 petition ?

5) Does the address have to remain same as the address stated on the I 485 petition ?

Many thanks

Raj.

 

[ginnu]

If the I 140 is approved and also an individual has an EAD card and the I 485 is pending.
Under such circumstances if the individual gets laid off:

1) Is the individual still in valid status ? Which status ?
-------- He is in Valid status, AOS pending or I-485 Pending
2) Can the individual accept employment with another company?
-------- YES—If you crossed 180 pending I-485 then you are safe to join new employer with H1 transfer or join with EAD, job has to be same/similar and you can use AC21 portability
3) if Yes, Does the new employer have to apply for H1B - H1B transfer OR use EAD to join new employer ?
----- New Employer would prefer that you join him on EAD as he has nothing to Spend, but for your safety net, you can ask him to do H1 transfer, it is always better to have H1 and maintain H1 status till the time your I-485 is approved ,because if due to any reason I-485 is denied and you don’t have other status one has to leave US immediately. One can have EAD and H1 at the same time, better not to use EAD, some have no option but to use EAD
4) what happens to the old I 485 petition?
-- It will continue as it is your petition, new employer has to provide you a letter that he has future permanent job for you in same/similar Skills and you have to send your Intent change and AC21 letter to BCIS when they send RFE or you can send it earlier, Lawyer will draft the /Employer letter/Intent change/ AC21 letter, you should have your lawyer or can use new company lawyer. Before leaving the old employer it is better to have copy of approved LC, I-140 and I-485 filing receipt.
5) Does the address have to remain same as the address stated on the I 485 petitions?
on I-485 it is your address, If you are staying at the same address it should remain the same, if you are changing the location then you should change your address with BCIS/INS