Dependent applicant in I-485 laid off

G

gclenahai

Registered Users (C)
Hi All.

We filed our I-485 in jan, 02 (Myself is primary candidate as my wife as dependent.) My wife came USA on H4 visa and later she got job and got her H1 in Jan, 02. We got AP and EAD in May and june, 02 respectively.

Now my wife has been laid off and her temination letter says that she should arrange her departure from USA within 10 days.
please suggest me at followings point:

1. She has valid AP till March , 03 and EAD is valid till June , 03.

Will she be okay even if her employer revokes her H1.

2. Will she need a status change again from H1 to H4 as soon as possible.


Please post your comments soon

Thanking all.
gclenahai
ND: 01/29/02
FP: 3/28/02
AP: 05/08/02
EAD: 06/29/02
AD: waiting...
 
what i understand is she was on H1 and has also filed for 485 AOS. In that case she's not out of status since she has applied for AOS as you as a primary applicant and she dependent. She can find work on EAD anywhere else now till your adjustment comes through. Only you have to make sure that u do't loose your job or even if you loose then u find one.
 
She is fine now.

But in case if your I-485 is not approved she will be out of status immediately.

By the way she has EAD and it means she may apply for unemployment benefits. :)
 
Last edited:
Thanks 'ghost-rider' and 'Tasse' for your valuable comments.
You Guys understood our sitiation. You gave us lots of relief.


Its more than 180 days for my I-485 as we filed it in Jan, 02. Although I am finding a bit hard, still I am trying my best to keep things going with my employer. Hopefully I shall reach the destination.


Tasse :
How and where to apply for unemployment benefits.


thanks
gclenahai
WAC-02-099-xxxxx
 
Change her status.

You can also be extra cautious by changing her status from H1 to H4 so that even if something goes wrong with your 485 ( which almost never happens ) she will not go out of staus.




Originally posted by Tasse
She is fine now.

But in case if your I-485 is not approved she will be out of status immediately.
Click to expand...
 
Its not a good idea

It's not a good idea to apply for unemployment benefit til you get your greeancard.
 
My Wife spoke to her Employer. He ensured her that They will not revoke her H1.

Is there any way one can know(find) Whether his/her H1 has been revoked?
 
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