Getting Laid off while using EAD

[keepupdahope]

Folks:

I'm looking for some guidance as I'm contemplating switiching jobs and ideally would like to do so by going through an H1 transfer (I'm on my 7th year extension already). Let's say I have to make the swtich based on my approved EAD as the prospective employer won't file for a transfer:

What happens if one gets laid off while on an EAD and there's no H1 to fall back on. Is one still in status as long as the EAD is valid thereby providing an option to search for another gig?

In reading through the forums, I'm assuming the answer is yes, but wanted to have it confirmed.

 

[mmed]

Folks:

I'm looking for some guidance as I'm contemplating switiching jobs and ideally would like to do so by going through an H1 transfer (I'm on my 7th year extension already). Let's say I have to make the swtich based on my approved EAD as the prospective employer won't file for a transfer:

What happens if one gets laid off while on an EAD and there's no H1 to fall back on. Is one still in status as long as the EAD is valid thereby providing an option to search for another gig?

In reading through the forums, I'm assuming the answer is yes, but wanted to have it confirmed.

What keep you in legal stay is the pending I485 and not the valid EAD. If you have valid EAD or not does not matter.

 

[keepupdahope]

Thanks for your response Mmed.

I guess as long as one has a job on the day the GC is approved your still in status given that the I-485 is pending regardless of what happens in the interim.

 

[nj_skm]

Folks:

What happens if one gets laid off while on an EAD and there's no H1 to fall back on. Is one still in status as long as the EAD is valid thereby providing an option to search for another gig?

You're fine as long as you don't get an RFE. Even if you're laid off and stay without a job, your GC processing will continue unless your previous employer revokes your I-140.

However, in case of an RFE, you'll need a new employer to support you thru AC-21.

If you do get laid off, make sure you revoke the G-28 thru the earlier employer's attorney, if you used one.

 

[mmed]

Thanks for your response Mmed.

I guess as long as one has a job on the day the GC is approved your still in status given that the I-485 is pending regardless of what happens in the interim.

With pending I485 and without visa you are in legal stay (not STATUS) till a decision will be made; If granted (good=GC), If denied (hopefuly not) you will be out of status. The status is the visa status like H, F, J ..etc. If no visa you are actually out of status but still in legal stay till decision in your pending I-485 is made.

 

[keepupdahope]

Mmed:

I need your expertise to help clarify this for me further. How does out of status equate to legal stay. Can you have your I -485 pending and not be on any status i.e. H1 or employed through EAD?

 

[keepupdahope]

You're fine as long as you don't get an RFE. Even if you're laid off and stay without a job, your GC processing will continue unless your previous employer revokes your I-140.

However, in case of an RFE, you'll need a new employer to support you thru AC-21.

If you do get laid off, make sure you revoke the G-28 thru the earlier employer's attorney, if you used one.

Thanks for your input NJ SKM. This certainly helps.

 

[immi_mygc]

Mmed:

I need your expertise to help clarify this for me further. How does out of status equate to legal stay. Can you have your I -485 pending and not be on any status i.e. H1 or employed through EAD?

With pending I-485 your status is Adustment of Status which legal status. You are perfectly fine from status point of view. Try to find other job earliest and should have the new employer supporting you a job at the time if there is a RFE for that.

 

[mmed]

Mmed:

I need your expertise to help clarify this for me further. How does out of status equate to legal stay. Can you have your I -485 pending and not be on any status i.e. H1 or employed through EAD?

Status = visa like H, J, F ...etc
Pending I-485 with EAD = Legal stay and work in US (despite out of status, does not matter for you because you are in legal stay)
Pending I-485 without EAD = Legal stay with out work in US and if you work you are violating immigration laws (despite out of status, does not matter for you because you are in legal stay but do not work till you have EAD or any employer give you visa status)
granted I-485 = GC soon
Denied I-485 whithout visa (out of status and you may start to accumulate illegal residence)

To make it simple if you have pending I-485 you are in good shape just work with your active EAD and you will be fine