I-140/I-485 < 180 days Grey Areas ....

bob_truthteller

New Member
Hi,

If a worker (Canadian) on H1B in green card process is layed off 3-4 months after applying for I-140/I-485, and has an EAD application filed, what is his situation ? Can he stay in the country and look for a job, based on I-485 pending, or is it a violation of status ? This is assuming that I-140 will be approved (not withdrawn by p[revious employer). Will it be possible to start working before the 180 days (after I-140/I-485 filing), say with H1B porting, or is it better to wait for 180 days and work on EAD ?

I need help ASAP because of uncertainties and urgency of matter.

Thanks.
 
my opinion

difficult question. i will suggest to wait for 180 days and 140 approval and then file ac21 for new employer. the reason is that when this will be caught at the time of 485 review u can always say the job was for future employment.
 
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