I-140/I 485 concurrent filing & H1 - B Lay off

cp11

Registered Users (C)
Hi

I am currently on H1-B and will be laid off in July,2006.

My wife is on H-4 is a Physical Therpaist. Her employer will file I-140/I-485/I-765 concurrently for both of us in early June,2006.

Can we still stay in US if our I-140/I-485/I-765 are not approved but filed before my lay off?

Can i change employer after our I-140/I-485/I-765 papers are filed?

Please reply ASAP.Any suggestion are appreciated.

Thanks

CP
 
You can use your wife's GC application and get EAD i.e I765. As this will be filed in June, you can go for premium processing for both I140 + I765. This rule came into effect a few days ago. Thus you mite get EAD before July and start work with any employer thereafter.

Its better if you can get someone to sponsor your H1 and maintain non-immigrant status. If that wont work, the earlier option is a fallback.
 
Premium processing is not available just yet. You can submit your application now and make changes when premium processing becomes available.
 
I believe if your I-140 is not approved, then the minute you are laid off, you will become out of status. The best for you is to leave the country
 
Thanks everyone for reply.

Does it really matter whether I-140 is approved or not when I -485 has been applied?

Thanks.
 
cp11 said:
I am currently on H1-B and will be laid off in July,2006.
My wife is on H-4 is a Physical Therpaist. Her employer will file I-140/I-485/I-765 concurrently for both of us in early June,2006. Can we still stay in US if our I-140/I-485/I-765 are not approved but filed before my lay off?
That's the good news - as soon as an I-485 is filed one has status, as long as it is pending so make sure you file a I-485 at the same time your wife's gets filed. You status will then be pending adjustee and while you cannot work (need to get the EAD approved for that) you can stay in US without any issues.

Can i change employer after our I-140/I-485/I-765 papers are filed?
Your primary objective should be to get an H-1B transfer to a new employewr approved (USCIS will grant that if it happens soon enough after the lay-off. There is no hard and fast rule about this, but in my case I got an H-1B transfer approved 29 days after the layoff date. I-485 was pending at the time and gave me good feeling of being in status.

While all that goes on, also file an EAD based on your I-485 filing as secondary applicant (your wife is the primary). Once you get the EAD you can work anyway (but if there's any way you can stay on H-1B that would be best). Your situation is looking good - don't worry.
 
cp11 said:
Thanks everyone for reply. Does it really matter whether I-140 is approved or not when I-485 has been applied?
Too bad, some answers here were not precise or plain wrong. It doesn't matter if I-140 is approved or not when I-485 has been applied. Read the source here:http://www.hooyou.com/i140&i485/zbg_memo.htm
"...As we have seen during the recent economic downturn, if an H-1B employee is laid off, their status immediately terminates as of the day of the layoff (not even as of the last pay date of the severance package). Filing an I-485 application will immediately offer the alien legal status during the entire time the application is pending with the INS. Therefore, filing the I-485 concurrently with the I-140 will immediately offer the alien a way to avoid the unlawful presence risk."
 
F-1 spouse and filing I-140/I-485

If I file I-140/1-485 concurrently for my spouse and myself, will my spouse cease to be in F-1 status? He is currently doing CPT and had applied for OPT. Does he have to stop working on CPT till he gets I-485 EAD?

Should my spouse get an H-4 visa, so if the 485 is denied he will still be in status? Also is it possible to change from F to H once I-485 gets filed?
 
Last edited by a moderator:
What if laid off before 6 months of 485 filing

gc_2006 said:
Too bad, some answers here were not precise or plain wrong. It doesn't matter if I-140 is approved or not when I-485 has been applied. Read the source here:http://www.hooyou.com/i140&i485/zbg_memo.htm
"...As we have seen during the recent economic downturn, if an H-1B employee is laid off, their status immediately terminates as of the day of the layoff (not even as of the last pay date of the severance package). Filing an I-485 application will immediately offer the alien legal status during the entire time the application is pending with the INS. Therefore, filing the I-485 concurrently with the I-140 will immediately offer the alien a way to avoid the unlawful presence risk."

gc_2006,
Company A laid me off but the 140 got approved thereafter and the concurrently filed 485 didn't reach 180 days. In the meantime I transferred my H1B with company B and changed the address for 485 application.

If company A does not cancel, would the 485 get approved?

Is there any consequences if 485 gets approved before 6 months?

Thanks a lot...
 
I am planning to file concurrently in 2 weeks time. Can I know whether the premium processing for both I140 and I485 has started?
 
ixora78 said:
I am planning to file concurrently in 2 weeks time. Can I know whether the premium processing for both I140 and I485 has started?
yes, peopleare using this right now, but not all attorneys are aware about this>>
 
485 approved after Lay Off

Got the magic mail...
485 approved for both of us.Says.."approval notice has been mailed" no mention of the card being mailed though.

Here is my detail:

PERM LC FD: 10/22/05, Approval 12/04/06
140+485 concurrent RD(CSC): 3/2/06, -->TSC: 3/29/06

LAY OFF: 4/3/06

140 AD: 4/20/06
AC21 NOT FILED and prior to 180 days...
485 AD: 10/16/06


Could someone shed any light on any implication of NO AC21 and my lay off before 180 days!

When Might I receive card?

Thanks
 
Separate Processing Centers

Hi,
My husband's I-140 is applied at nebraska and waiting for approval. Can his I-485 be applied at any other center like CA or texas where the PD's seems to be moving fast? I am talking about Indian nationals. Please help us with ur answers.
Thanks,
 
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