got laid off after 3 months of my I-485 filing

V

vijaynathg

Registered Users (C)
Hi guys,

My friend applied his I-485 3 months ago and last week he also got his Interim EAD card. But unfortunately I got laid off.

Now, he has another offer who is willing to take him either
on H-1 or on EAD.

So which option is better, go for the new job on H-1 or on EAD.
Which route is safe for him. The new offer is very much similar to the job profile he used to do earlier.

Realy appreciate your inputs in this issue.

thanks
 
I think in his case EAD is safer.

H1 means you are clearly informing INS that you lost your job before 180 days, atleast on EAD you don't have to do that.
 
AC21 interpretation (regulations) are not available yet.

In the best case interpretation:
If your 485 case is pending with INS for 180 days, you will be approved if you currently hold any similar job.
In the worst case interpretation:
If you have worked with your sponsor for 180 days continuously after filing, not have any underlying applications (140, LC) revoked, continuously held a verrry similar job - you may be subjectively approved.

There is a lot of middle ground, and today it is still at someone's discretion.

You can go with H1 to maintain non-immigrant status coz if the 485 gets rejected for this or any reason, you can still work and start another petition afresh. But you can use EAD as well and revert to (a new) H1 in the worst case. In the best case scenario, you are safe either ways.

good luck...
 
You must log in or register to reply here.
Top