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

[vdp]

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

 

[disney2k]

Hi VDP,

Following extract from Murthy chat (on 01/19/2004) might help you:

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Chat User : If one got laid off six months after the filing of I-140 and I-485 concurrently, can that person work for another employer on EAD in a similar kind of job?

Attorney Murthy : It is not clear if the I-140 petition has been approved. Without that, there is a risk that the I-485 could be denied since the person may not be able to enjoy AC21 portability under the August 4, 2003 USCIS Headquarters Memo. If the I-140 has been approved and the person is able to obtain a "same or similar" job, with salary being similar, then we should be fine.


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Chat User : We filed for our I-140 and I-485 in March 2003. Our I-140 is not yet approved. My husband’s company might close next month. What are our options?

Attorney Murthy : Hopefully, the I-140 will get approved soon, since it is about time for the USCIS to make a decision on the I-140 petition. If nothing happens and the I-140 is either denied or, more likely, the USCIS issues an RFE requesting financial information from the employer and the company is not able to provide the same, then the I-140 will be denied. In that case, the back-up H1B status and a new LC filing by a new prospective employer will be helpful. One usually has 12 weeks or about 3 months from the date that the RFE is issued to respond to the USCIS. It is often sufficient time to make some quick decisions on how to proceed by possibly finding a new employer, among other options.

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[vdp]

Thanks disney,

for your useful pointers. Thankfully my company didn't shut down

Regards,
vdp