HELP! Unemployed H1-with pending I485

D

djohan

Registered Users (C)
My I140 have been approved for more than 180 days,
and my I-485 have been filed for more than 180 days (not approved yet),
and I am currently on my H1 visa.
I have just submitted my 2 weeks notice and i will be working for another company (with same job description).
I just applied for my EAD card and that will take about 3 months.
The Question now is:
Will I be out of status if I quit my job and become unemployed untill i get my EAD card (in three months).
Is it a bad idea to work under the table for the new employer? how will the INS find out?
Do i have to notifiy the INS that i quit, what about transferring to another company? Do i have to submit AC21?
Does applying for a new H1 visa under the new employer help the situation?
Is it a bad move to quit my current job in the first place?
PLEASE HELP!!!! Thank you very much in advance.

dj.:(
 
Last edited by a moderator:
My I140 and I485 have been approved for more than 180 days
----- If I-485 has been approved go to local USCIS office and get GC stamp in passport.
 
sorry, i typed a wrong info...
this is what i means:
i140 has been approved more than a year
i485 has been submited (not approved) more than a year
 
Originally posted by djohan
My I140 have been approved for more than 180 days,
and my I-485 have been filed for more than 180 days (not approved yet),
and I am currently on my H1 visa.
I have just submitted my 2 weeks notice and i will be working for another company (with same job description).
I just applied for my EAD card and that will take about 3 months.
The Question now is:
Will I be out of status if I quit my job and become unemployed untill i get my EAD card (in three months).
Is it a bad idea to work under the table for the new employer? how will the INS find out?
Do i have to notifiy the INS that i quit, what about transferring to another company? Do i have to submit AC21?
Does applying for a new H1 visa under the new employer help the situation?
Is it a bad move to quit my current job in the first place?
PLEASE HELP!!!! Thank you very much in advance.

dj.:(
Click to expand...

Hi Johan,

From what you wrote, and assuming that the job will eventually qualify under AC21, here is what I think is your best option: have your new/future employer apply for an H1B transfer immediately. As soon as your application is received by INS (as evidenced by a FedEx return receipt or so), you are legally allowed to work for the new employer.
 
Re: Re: HELP! Unemployed H1-with pending I485

Originally posted by Abdenour Achab
Hi Johan,

From what you wrote, and assuming that the job will eventually qualify under AC21, here is what I think is your best option: have your new/future employer apply for an H1B transfer immediately. As soon as your application is received by INS (as evidenced by a FedEx return receipt or so), you are legally allowed to work for the new employer.
Click to expand...

Yes Achab is right. H1 cost is much less now. Why do you want work unauthorized? You have enough problems. If possible get employment. Else stay home for some time. You can stay home as pending adjustee.

Even Clients have to furnish SSN of the consultants to IRS. So CIS may come to know some how.
 
can we really Stay Home???

Hi Tammy,
in your previous response, you mentioned that - ".......Else stay home for some time. You can stay home as pending adjustee."

Is that real?

I have a critical situation, and would appreciate if anyone can comment or give suggestions :-

I have been told by my current employer that my position si being eliminated and i shoudl look for job elsewhere...

my facts: I-140/485 was files in Oct-15 (so, <180 days), and my EAD filed on Dec-9.

I have started to apply for other jobs, and am expecting some interviews in early Feb.

SO, if i am laid off by around Jan-20th, can i stay home and wait for my other interviews to work (sometime by early/mid February)????

Kindly Help!!
 
Assuming that CIS always takes more then 180 days for I-485.It all depends upon your I-140 situation. Since the case mentioned above had approved I-140 i said so. But even he needs to get a job before he gets any job related query from CIS.

There are situations like what if employer revokes your I-140? What if you get an RFE? Etc.

My suggestion was instead working unauthorized it is better to stay in home.

For any reasons if I-485 is rejected you accumulate illegal stay. So in you case it would be better to get H1 ASAP.

My question to you would be do you expect your employer will co-operate (at least will not revoke) your I-140?

Talk to some attorney.
 
Thanks Tammy. I appreciate your comments.

Yeah, i think my employer will cooperate in not revoking my I-140.... (i am planning to request it, when the D-day arrives)...

Can anything be done with respect to my EAD ? (do i have no other choice but to wait until 90 days are up)?

Thanks much!
 
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