If laidoff after using AC21

S

sr050603

Registered Users (C)
Hi,
I have an EAD approved till Jan 04. 485 filed on Nov 02. 140 approved.
I am currently on H1 but plan to use AC21 to join a new co.

I want to know what would my status be if the new co lays me off before I get the 485 approved.
If I become out of status, let me know within how much time I need to leave the country or get a new job.

Thanks-
 
I don’t think you will be out of status if got laid off while working on EAD, atleast that is what my understanding is. The only problem is that if you get a RFE while you are waiting for I-485 to get approved, then normally BCIS check to see that you are still working and if you are not then they might deny your case. If you are lucky and they don’t issue a RFE then you will be fine.

Please check with a lawyer to get a clear picture.

WIN
 
I think as long as you have a job while I 485 pending. It does not matter which company and how many company.
 
I have an EAD approved till Jan 04. 485 filed on Nov 02. 140 approved.
I am currently on H1 but plan to use AC21 to join a new co.

I want to know what would my status be if the new co lays me off before I get the 485 approved.
-------- If the new company lays you off before I-485 approval you should immediately find other job in same/similar title or skills and update the BCIS about your new employer about Future GC job and send the letter from new employer that they have Future permanent job for you. It is better to be on job when I-485 is approved.

If I become out of status, let me know within how much time I need to leave the country or get a new job.
--- As you have pending I-485 you will not be out of status if no job. If I-485 is denied then you have to leave US or Motion to reopen or can go for appeal
 
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