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
 
Ask your HR or attorney for company policy, Will your company revoke your pending I-140 application?

If NOT, read on:
what will be my status and what are my options?
you will be considered in pending AOS status, you will be in status.

So, can I use the EAD to switch jobs even though 180 days period is not over
Yes, you can but restricted to be in same or similar occupation. Talk to your attorney or find out what job code was your LC filed under.

can I wait for the 180 days to get completed(not work until 180 days gets over) and then take up a new job.
That is the safe way to switch jobs and be able to use AC-21 law, although you need your I-140 to be approved which you do not have yet,
just get a job anyways.

Since your I-140 is pending and you should explore more options, like getting a new H1 from another employer. Just cross your fingers that
your I-140 will get processed without any RFE's. Again, if your employer
is considering revoking the petition, you should look for H1 route.

post back after talking with your HR/attorney.
 
Hi vsc_babu,

Thanks a lot for your point answers. Shall definitely explore those options.

Regards,
vdp
 
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