Confused about workin on EAD or H1 after layoff

[Nice_guy73]

Hi,

I need help guys... here are tha facts for me:

Applied 485 in dec 01. Wac 02-077. Have been working for same H1 company for past 3+ years. I applied for H1 extension last year in June since my H1 was expiring in Oct. unfortunatley I had to travel to India during this time and had to use AP to enter back.
Now my company is laying me off this month end. I have got an offer from another company. They are Ok to let me work on H1 or EAD. My questions are:

1. Can I leave my emplyoyer after 1 year of 485. Do i need to work on H1 or EAD.

2. Does use of AP invalidates H1 status or AP is just a travel document when we dont have a valid H1. In my case I used AP to travel since at that time I did not have a valid visa on my passsport.

3. Can I transfer my H1 to another company after using AP. Is H1 transfer possible during AOS like in my case. I know I can use EAD card to make things simpler but I would like to bring my wife on H4 and the moment I use EAD I will loose H1 status.

4. Does working on EAD after 1 year of 485 have any problems on my GC in future. My lawyer told me that I will surely get RFEs.

I am very confused guys on all these issues and having sleepliess night....PLS ADVISE....

Thanks

Nice guy

 

[pachai_attai]

You can only use EAD at this stage!

1. Can I leave my emplyoyer after 1 year of 485. Do i need to work on H1 or EAD.
You can leave your employer after 180 days of 485 application using AC21 rule. EAD is the simple solution to look for any other job, instead of waiting for H1 approval. Also it is a question BCIS has to decide whether they issue a H1 based on your circumstances. So whether it is jobless status or job with EAD, second option is preferred by the majority.

2. Does use of AP invalidates H1 status or AP is just a travel document when we dont have a valid H1. In my case I used AP to travel since at that time I did not have a valid visa on my passsport.
Yes, usage of AP confirms your AOS status and invalidates the H1 status.
3. Can I transfer my H1 to another company after using AP. Is H1 transfer possible during AOS like in my case. I know I can use EAD card to make things simpler but I would like to bring my wife on H4 and the moment I use EAD I will loose H1 status.
As said earlier BCIS has to decide. But you can include your wife's name in the 485 application as a person to follow. But physically bringing her using H4 is for your Attorney to answer.

4. Does working on EAD after 1 year of 485 have any problems on my GC in future. My lawyer told me that I will surely get RFEs.

Not at all. There are cases who changed jobs 3 times on EAD and approved w/o RFE. It depends on the person's luck.

-pa