I-140 in process ? facing layoff

[get_it_done]

Hi,

I am working as a consultant and my consulting company concurrently filed for I-140 and I-1485 (Nov 2003).

My position will be terminated by (August 30,2004).I do have EAD card , can I use this to switch jobs (Using AC21 rule) ? I was planning to take unpaid vacation and search for jobs after I lose my job? Is this feasible?

Any suggestions?

 

[will_get_there]

Maintaining 140 application

Talk to your company and see if they will not withdraw your 140 petition and also answer any RFEs that they get on 140. Only then you can work on EAD. While u are on EAD and the company withdrarws teh 140 or does not reply to RFE and 140 is denied, yu will immediately be out of status. Preferably change jobs using H1-B and still maintain the 140 with the company.

Btw. it is a consulting company so if you yourself find a job somewhere and ask your company to execute a contract with the new copany for your job, you should be OK. That is the benefit of being a consultant, isin't it ?
This way you never have to leave your consulting company and GC continues.

will_get_there