H1B or EAD when filing I-485 when company announced close in two month?

david_tang

Registered Users (C)
Hi experts,

Please help me on this scenary: Ready to file I-485(I-140 approved) but somehow company will close in 2 month.

Solution 1: File EAD at the same time when you file I-485. It would be much easier to find a job without H1B sponsorship requirement, but the potential problem is that you may get RFE for your EAD.

Solution 2: File I-485 only and look for H1B job. (may apply EAD after 180 days of submitting the I-485). In current market, it would be tough to get an offer for H1B holder, but this way will reduce the risk of getting RFE for EAD application.

one of my questions is that what\'s the ramification to your GC process if you get an RFE for your EAD before the 180 days restriction?

Which strategy is better? Thank you for your help.
 
How can you file an I-485 when you know a permanent job is not available

If you know that the company will close in 2 months there is no permanent job immediately available to support the GC. Sorry about that.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
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