Gurus' Please Please Help!!!!!

P

puneesh

Registered Users (C)
My wife is on H1 status with impending layoff. 140 and 485 have been filed over 180 days.
1. Would she become out of status right after her layoff?
2. if the employer decided to withdraw the 140 since it has not been approved would that lead her to a loss of staus? Can the employer withdraw 140?
3. If she decides to work on EAd since she already has one is there a possibility to continue renewing EAd under AC21?

Please help
 
puneesh said:
1. Would she become out of status right after her layoff?
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No, the pending I-485 keeps her in legal status.

2. if the employer decided to withdraw the 140 since it has not been approved would that lead her to a loss of staus? Can the employer withdraw 140?
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If they withdraw the I-140 then the I-485 will be denied, and then she will be out of status.

3. If she decides to work on EAd since she already has one is there a possibility to continue renewing EAd under AC21?
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Yes, provided the I-485 stays alive.
 
Thanksfor the reply. Appreciate it much. Couple more q's pls
Does that mean that withdrawal of the 140 will mean automatic withdrawal of 485.?
Also is the employer obligated to inform you of the withdrawal?


TheRealCanadian said:
No, the pending I-485 keeps her in legal status.



If they withdraw the I-140 then the I-485 will be denied, and then she will be out of status.



Yes, provided the I-485 stays alive.
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Since 180 days is over you AC21 can be invoked. Get a same or simliar job ASAP and then employer can not do anything.
 
Option

BTW us - Generally , I guess her employer will not cancell I -140..., as it is a layoff... Option for her is , Just find other employer with similar job and jump to that company with EAD or H1...
 
Is it necessary to reach out to BCIS with AC21 letter before the employer shows it's intention of withdrawing 140. I mean assume the employer withdraws and then after some time we send a letter under Ac21 would that bw ok?

MD_Rockville said:
Since 180 days is over you AC21 can be invoked. Get a same or simliar job ASAP and then employer can not do anything.
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puneesh said:
Is it necessary to reach out to BCIS with AC21 letter before the employer shows it's intention of withdrawing 140. I mean assume the employer withdraws and then after some time we send a letter under Ac21 would that bw ok?
Click to expand...

If the employer withdraws the I-140 before it is approved AC21 will not help you.
 
puneesh said:
Is it necessary to reach out to BCIS with AC21 letter before the employer shows it's intention of withdrawing 140. I mean assume the employer withdraws and then after some time we send a letter under Ac21 would that bw ok?
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This is my opinion and I am not a lawyer.

If you know that the employer is not going to withdraw 140 and will support any RFE etc. than you may be able to switch the job on EAD.

Only if you know for sure that they are going to revoke 140, try to negotiate with them to not withdraw it. If it is a small company, they will consider.

I have another suggestion for you. I do not know how much practicle this will be, but I was planning to do the following in a similar situation:

Try to find a pre-approved labor from another employer. Based on that file your I-140 and then join your pending 485 to that 140, this is called "inter filing". This way you will be able to preserver your 485s and EAD/APs also.

Best of luck!
 
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