I140/EAD and Layoff

M

msdms

Registered Users (C)
Lets say I apply for my I140/EAD/I485 together.

I get the recipt for all 3 filings.

In 90 days I get my EAD card and I start using it insted of H1. So my I140 and I485 are still pending.

1. What happens if I loose my job before my I140 is approved. Is my EAD card still valid. How many days I have to find another employer.
Do I loose my status immediately.


2. What will happen to my wife if she is using her EAD card and I (being the primary applicant in the GC) loose my job.


tks
 
re 1: As long your previous employer continue to support your I-140 application (even after you are not working for them), you are ok. If employer withdraws the I-140 application and/or does not respond to any RFE, your I-140 becomes voids, which voids the I485 , EAD and AP application. In such a case, you would have to file for fresh H-1.. (not H1-H1 transfer).

re 2: Previous answer will also apply to your spouse.


Originally posted by msdms
Lets say I apply for my I140/EAD/I485 together.

I get the recipt for all 3 filings.

In 90 days I get my EAD card and I start using it insted of H1. So my I140 and I485 are still pending.

1. What happens if I loose my job before my I140 is approved. Is my EAD card still valid. How many days I have to find another employer.
Do I loose my status immediately.


2. What will happen to my wife if she is using her EAD card and I (being the primary applicant in the GC) loose my job.


tks
Click to expand...
 
Last edited by a moderator:
changing employment, after recently filing I-140/I-485

The previous reply was very helpful. I have a couple of follow-up questions related to the unfortunate situation:

(1) Assuming that the person is in H1 (and 140/485 just recently filed), how much spare time does the employee has (if he/she gets laid_off) from the time of lay-0ff until the next job is found, so that H1 transfer can be filed??

(2) i believe, considering that I-140 & I-485 are recently filed and not yet approved, changing the employer will necessitate re-start of GC process all-over again??

Would appreciate Ny clarification. Thanks!
 
Re: changing employment, after recently filing I-140/I-485

Originally posted by krs_n3
(1) Assuming that the person is in H1 (and 140/485 just recently filed), how much spare time does the employee has (if he/she gets laid_off) from the time of lay-0ff until the next job is found, so that H1 transfer can be filed??
Click to expand...

There is no specific time. You should do it as soon as possible. USICS requires your previous pay slips for H1 transfer. So if you send two months old pay slips there is chance of denial of transfer. In that case you may required to go out US and return.


(2) i believe, considering that I-140 & I-485 are recently filed and not yet approved, changing the employer will necessitate re-start of GC process all-over again??
Click to expand...

Originally posted by vxmehra98

As long your previous employer continue to support your I-140 application (even after you are not working for them), you are ok. If employer withdraws the I-140 application and/or does not respond to any RFE, your I-140 becomes voids, which voids the I485
Click to expand...

Once I-140/ I485 becomes void you need restart.
 
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