EB1-A / EB2-NIW: Insurance against lay off?

G

GCinforeq

New Member
I am presently working on an H1-B visa and my employer has filed an EB1-B green card petition on my behalf with concurrent filing of the I-140 and I-485. However, at present, my company is in the middle of a major restructuring and I am concerned about being laid off. In this regard, I have the following questions:

1) I have an EAD through my pending EB1-B application. As an insurance policy against a layoff, would it help to file for a self-sponsored EB2-NIW or EB1-A green card petition? As I understand it, as long as my new I-140 is linked to my previous I-485, my EAD will continue to be valid even if my employer withdraws my EB1-B I-140 before AC21 portability kicks in.

2) Could I then legally stay in the US and seek new employment after being laid off on the basis of this approved EAD (but with 140 and 485 pending for my EB1-A/EB2-NIW application)?

Thanks in advance for your responses.
 
There is no way to make sure that your new I-140 is linked with previous I-485. If you are from non retrogressed coutry that you can file NIW and another 485 together.
 
once you file NIW, you could definitely get stay here legally and transfer to another job on H-1. or switch to H-4 if your spouse is working on H-1
 
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