Has EAD,AP,FP, but company may shutdown before I-140 approval

V

vdp

Registered Users (C)
Hi,

I need immediate advice. There are chances that my company may shut down next week.

Texas Service center.
EB2 I-140/I-485 - concurrent filling - Not yet Approved

RD - 10/28/2003,
EAD - Approved in December
AP - Approved in December
FP - done on Jan 6/2004
I- 140 - Pending
I - 485 - Pending

My question is, its been only 90 days since the I-140 and I-485 has been filed. So, in case my company shuts down in a week, what will be my status and what are my options? I have EAD and my H1 has been extended till the end of 2004. So, can I use the EAD to switch jobs even though 180 days period is not over? Or can I wait for the 180 days to get completed(not work until 180 days gets over) and then take up a new job.

Or is it that I don't have any options? Just want to know what are my options here.

Thanks,
vdp
 
I need immediate advice. There are chances that my company may shut down next week.

Texas Service center.
EB2 I-140/I-485 - concurrent filling - Not yet Approved

RD - 10/28/2003,
EAD - Approved in December
AP - Approved in December
FP - done on Jan 6/2004
I- 140 - Pending
I - 485 - Pending

My question is, its been only 90 days since the I-140 and I-485 has been filed. So, in case my company shuts down in a week, what will be my status and what are my options?
---- Best option request your employer NOT to revoke I-140 and get the I-140 filing receipt copy, I-485 filing receipt copy and Copy of approved LC (may be with employer or lawyer) if I-140 gets approved without any RFE then you MAY have good chance to use AC21 AND join new employer with H1 transfer ASAP

I have EAD and my H1 has been extended till the end of 2004. So, can I use the EAD to switch jobs even though 180 days period is not over?

----------- I will NOT use EAD because if EAD used you will not be on H1 status and if I-140 gets denied, EAD, AP, I-485 all will be denied. Join the new employer with H1 Transfer before the company closes because you will need recent pay stubs for H1 to h1 transfer
Or can I wait for the 180 days to get completed(not work until 180 days gets over) and then take up a new job.

Or is it that I don't have any options? Just want to know what are my options here.
------------------------------ find a new job with company and join with H1 transfer and don’t use EAD till the date I-140 gets approved and you should also start new LC with new employer as back up because if any RFE on I-140 and the company gets closed they may not reply the RFE
 
As long as you dont get RFE, you dont have to worry.

Take all your documents from the company and wait for the remaining 90 days to be over.

As a backup, apply for a premium H1 from another company.
 
Hi Ginnu and others,

thanks for your suggestion. Thankfully my company didn't shutdown.

vdp
 
You must log in or register to reply here.
Top