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
 
vdp,

what will be my status and what are my options?

Your status is legal until 485 is rejected. You are in for adjustment of status.

Best option is:

Find one more employer and get with that employer on H1b visa. One your 140 is done - get on EAD. Just keep your fingers crossed that you do not get RFE. In case you get one, get a good lawyer. TSC is slow anyways - so hope you do not get one.

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?

You can use EAD at any point to get another job.

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.

You will surely get one RFE about your not being in job for 90 days in that case during AOS(485) - sooner or later.

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

Do not panic. People have got GC under such situation. For that matter you did not opt out of company - it is company which closed down. People understand this aspect - it is sometimes they are hard at hearing - that is all. For them you need to relax, get another job of same nature and get a good lawyer. Also get your LC details ASAP - so that you can get a similar job. Things will be OK soon.
 
Hi Jharkandi,

thanks for the quick and useful reply. If my company shuts down, I shall use my EAD to get a new job rather than going on a H1 since I already have EAD. Shall post about any changes.

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