Ead & H1 & Layoff

[sree_6]

hI,
I got a most complicated situation (I guess).
I applied my I-485 in May, '02, but didn't apply for EAD AND AP.

My H-1 is going to expire on Sept, 30, 2002. so, my company filed for renewal but after that I got laid off.

what should I do?

Can I go for EAD AND AP and wait for them? or I need to apply for H-1 transfer with a diff company also?

I applied for EAD after I got laid off. but I heard that we can go for walk-in EADs also. Is that possible now?

I belong to Nebraska center...

help is appreciated....
thanks,
Sree

 

[haripat]

Sree,

For your situation, I would say apply for EAD asap since you cant work without EAD and since you cant apply for H1 transfer right now since H1 renewal case is already pending and looks like its not approved yet. Do get a copy of your H1 Extension application Recipt notice from your previous employer. Normally they do help you out incase u r laid off...if not u can always do some bargaining with them. If you have the H1 recipt notice copy then you can use that to transfer your H1 to another company if you need to. But meanwhile also apply for EAD. Also get the Labor Certification copy (Which has job description for Green Card application), I-140 approval copy or recipient number (your old employer wont give you original) and I-485 recipt copy from your previous employer. You may need them to decide whether the new job you find is a same or similar job to which you previoulsy held!!!!

Also, find the job as soon as possible in same or similar field and join them using EAD. You can always go back to H1 status from EAD.

Walk in EADs are also possible but most of the time you have to apply to Nebraska first and if you dont recieve EAD from then within 90 days then you go to local INS and get intrim EAD. Its all depend on your location. Cincinnati office does allow walkin EAD and so do Indianapolis because couple of my friends got their EADs as soon as they got their I-485 recipits and they didnt apply to Nebreska. So check with your local INS office.


I went through the same situation but i did transfer H1 to another company once i found the new job in same or similar field and just incase if INS denies I-485. But, INS didnt even issue RFE on my I-485 and it was approved without RFE. So no need to worry...just find a job and a good lawyer in case if they issue RFE on you AOS application!!!!!