I-485 > 180 days. Chance of layoffs. What are my options?

G

gsp2001

New Member
Hi,

I applied for my I-485 with a Priority Date and Received Date of 2/5/02.

Due to some reorg within my company, there are chances of layoffs in the near future. If I am faced with the situation, what are my options ??? I can think of couple -

a) Since my app is more than 180 days old and I have an EAD, I can go to a new job. Does this risk my I-485 application ? Postings on the forum suggest it might be risky legally, but you may not be asked by the INS if you have a job at the time of getting approved, and you might get by.

b) Negotiate with my company to put me on leave of absence instead of laying me off till I get my green card. In this situation, is there a limit on how long you can be in US on an H1 on a leave of absence ? Are there any legal risks here ?

c) Go on an H4, my wife is working and has an EAD from my application. This would be required if I am not able to find a job say. What happens to our I-485 applications in that case.

Thanks for the responses,
Priyank
 
My opinion on your questions:

a) Since my app is more than 180 days old and I have an EAD, I can go to a new job. Does this risk my I-485 application ? Postings on the forum suggest it might be risky legally, but you may not be asked by the INS if you have a job at the time of getting approved, and you might get by.

This question has been analyzed to death for the past two years since the AC-21 provision became law. The short answer is that nobody can give a definitive answer on what will happen in an individual case. People have been approved and in some cases people have faced delays......


b) Negotiate with my company to put me on leave of absence instead of laying me off till I get my green card. In this situation, is there a limit on how long you can be in US on an H1 on a leave of absence ? Are there any legal risks here ?

I think we need to make a distinction between something which is legal/illegal and something which will be damageing/helpful to your case.
Your legal status is safe since you are a pending 485 applicant. So even if you stopped working (granted that at this point your H1 will technically become invalid) you will not become out of status.
The only risk is that if the INS sends an RFE for employment information (related to the future employer) you must be able to produce this evidence. If you cannot produce this evidence, you are hurting your chances of final approval. This is a separate issue from your staus.

c) Go on an H4, my wife is working and has an EAD from my application. This would be required
Since you are a pending applicant you do not need another visa (H4 etc) since INS has yet to adjudicate your case. If you plan to just sit at home you do not need to convert to H4.
 
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