Help please - question on GC, AC21 and H1-B

A

artusa

Registered Users (C)
Here is a question I have -
In my case, My 7th year of H1 passed by and I did not file for the 8th year extension, since I have the EAD card (bad decision, but that was because employer did not approve funding to file for H1-B extension).
My I-140 is approved and I-485 pending >180 days.

If employer decided to lay-me-off and revoke I-140, what happens and what are my options?

What happens if I don't have a job when the I-485 is being adjucated?

My 7th year H1-B expired less than 30 days ago - Can I still file for an H1-B extension through the same employer if I was to fund the costs for filing?

thx
 
artusa said:
If employer decided to lay-me-off and revoke I-140, what happens and what are my options? What happens if I don't have a job when the I-485 is being adjucated?
Click to expand...

If your I-140 is revoked you will get a Notice of Intent to Deny. If you cannot demonstrate a new job offer under AC21 within 30 days, your I-485 will be denied.
 
Thanx Realcanadian -

TheRealCanadian said:
If your I-140 is revoked you will get a Notice of Intent to Deny. If you cannot demonstrate a new job offer under AC21 within 30 days, your I-485 will be denied.
Click to expand...
What about the H1-B. Is it possible to extend it?
Also, since I am using the EAD to keep the job - will that be impacted if the I-140 is revoked?
In case the employer decided not to revoke the I-140, should I still file for AC21?
What triggers the USCIS to send out an RFE on 485 at the time of adjucation?

I know I am jumping scenarios, but I know you guys are very well versed with this kind of thing. :p
thx
 
Last edited by a moderator:
artusa said:
What about the H1-B. Is it possible to extend it?
Also, since I am using the EAD to keep the job - will that be impacted if the I-140 is revoked?
In case the employer decided not to revoke the I-140, should I still file for AC21?
What triggers the USCIS to send out an RFE on 485 at the time of adjucation?

I know I am jumping scenarios, but I know you guys are very well versed with this kind of thing. :p
thx
Click to expand...

No, you can't extend H1 since you used EAD already. If you change employer, you'd better invoke AC21. If not, and your I-485 is approved, then you have to work for sponsor employer.
 
you are fine as long as you have have a job or bona fide job offer when your I-1485 gets approved. Since you used EAD no H-1B extensions anymore (also you could have only filed extensions if the H-1B hadn't expired yet on the day you file the extension).
 
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