H1B expiring, Laid Off, I140/I485

S

sreekum

New Member
Dear All,

My current employer has informed me that I will be laid off at the end of this month Jun '03. My H1B is expiring on Aug 1st week. I have applied for I140/I485 concurrent processing at Nebraska Service Center. My I140 has not been approved yet. I have applied for EAD/AP on June 1st week.

Can I stay in US legally after my H1B expires and until my EAD/AP arrives? Or Should I need to leave US and return after receiving AP? Any other options?

Thanks, in advance, for your help.

Sreekum
 
Originally posted by sreekum
Dear All,

My current employer has informed me that I will be laid off at the end of this month Jun '03. My H1B is expiring on Aug 1st week. I have applied for I140/I485 concurrent processing at Nebraska Service Center. My I140 has not been approved yet. I have applied for EAD/AP on June 1st week.

Can I stay in US legally after my H1B expires and until my EAD/AP arrives? Or Should I need to leave US and return after receiving AP? Any other options?

Thanks, in advance, for your help.

Sreekum
Click to expand...

The regulations on concurrent filing do not exist but BCIS might take the position that you are not in a valid non-immigrant status after your current H1 expires.
 
sreekum:

My current employer has informed me that I will be laid off at the end of this month Jun '03. My H1B is expiring on Aug 1st week.
---Try to find a job by H1 transfer; If you have consumed 6 years still you can file for 7th year H1 extension
I have applied for I140/I485 concurrent processing at Nebraska Service Center. My I140 has not been approved yet. I have applied for EAD/AP on June 1st week.
---- Request your employer not to send any letter to BCIS Nebraska Service Center, that you are no more working with them or to revoke H1 or pending I-140
Can I stay in US legally after my H1B expires and until my EAD/AP arrives? Or Should I need to leave US and return after receiving AP? Any other options?
---- If you receive I-485 filing receipt then you can stay in US till your I-485 is not denied and your I-140 should be pending or approved if they deny I-140 then I-485 will be automatically denied. If I-140 is approved and I-485 is pending then your status will be AOS pending and you can stay in US and work in US with EAD till the time I-485 is not denied. If I-140 is approved and your employer does not revoke your I-140 and your I-485 is pending more than 180 days after the date your I-140 is approved then you can use AC21. Best option for you is to get same/similar job and join new employer with H1 transfer, you can get 7th year extension based on past employer LC or I-140 pending and can work with different employer( you should have proof that LC was filed 365 days or receipt of pending I-140

Please also read the complete:
Concurrent filing and Ac21

http://www.murthy.com/UDportis.html
 
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I'm not sure, but I guess once you are laid off on H1, your H1 status expires automatically, and you have X number of days to leave. Please confirm this.

Find another job on H1 transfer, It takes 15 days to transfer H1.

When did you file your I-140?
 
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Since you have filed I485, even if your I140 is still pending, your status is fine. You are authorized stay in the USA as long as neither I140 nor I485 is denied. But since you are out of job, you are not on H-1B anymore. If you want to work you need either a new H-1B or EAD.
 
“My current employer has informed me that I will be laid off at the end of this month Jun '03”

He is not laid off till date and can find a job and can do H1 transfer; he is on H1 status and AOS pending,
"LCSilence"
read before replying
 
Thanks for your suggestions. Can I transfer my H1 with my I-140 not approved? In that will the Greencard process stop?
 
You can file for a H-1B tranfer as long as you are still in status -- still work for your sponsoring employer. This should not affect your pending I140. In case there is a I140 RFE, you should be able respond with required documents, otherwise will result in a I140 denial.
 
I disagree with LCSilence.

Your employer files for I-140, not you.
When an RFE is issued, employer replies, you might not even know about it. And once you have left them, why would they sponsor you anymore.

And your previous employer might send a letter to BCIS to withdraw your I-140.
 
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