asking for advice.thanks!!

[littlelittle]

Hi, there. We filed I-485 last Nov. and the receipt date in Dec. 12th. it's employment based application and I am the primary applicant. Following are my questions:

1) if I got laid off in early May which will be less than 180 days (BTW, 180 days means counting from the file date or the INS receipt date?)
can i look for a new job and still hold my H-1B status (use H-1 transfer)? In that case, what would be my status in between theemployments? Do i have to find a job within two months? Is my I-485 application still valid?

2) if i got laid off after 180 days, what further options can I have? Is it OK if i take some classes without any employment ? Can I use my EAD card at this time?

very confused right now! Seriously need experieced prople's advice!!! Thanks a bunch in advance!!!

 

[Pork Chop]

> 1) if I got laid off in early May which will be less than 180 days (BTW, 180 days means counting from the file date or the INS receipt date?)
can i look for a new job and still hold my H-1B status (use H-1 transfer)? In that case, what would be my status in between theemployments? Do i have to find a job within two months? Is my I-485 application still valid?


technically, one's H1B status ends as soon as one is laid off (there is no grace period, contrary to what many people think). in order to transfer H1B, you need to be in current H1 status. in practical terms, what that mean is, your H1 transfer app should be applied for while you are still employed with employer 1, or immediately after a layoff, so long as you can show paystubs that show no break of employment prior to filing. of course, you can start with the new employer as soon as your transfer application is received. earlier, the INS used to overlook small periods of unemployment, and would grant transfers of H1. now, with the "zero tolerance" policy and national security and what-not, who can say? you would be better off using your EAD.

>
2) if i got laid off after 180 days, what further options can I have? Is it OK if i take some classes without any employment ? Can I use my EAD card at this time?


you can use your EAD any time. keep in mind that having an i485 pending means you are in legal status as far as living in the u.s. is concerned even if you are out of a job. in order to work, you would need an EAD. on the other hand, when your i485 comes up for adjudication, e.g. an RFE is issued, you should either have a job or have a firm offer of a job that fulfills all requirements of your LC.

as far as your question about when the 180 clock starts, it has been a subject of debate, but never determined beyond any doubt, if it is RD or ND. the majority of the opinion favors RD. but if you want to be safe, count from ND.