Important I-140, layoff question

B

br200000

Registered Users (C)
Hi,

Please help me find a good solution in my situation.

I got laid off. I have applied for I-140 and I-485 simulataneously 5 months ago. Company is going to send me paychecks for another 2 months.

I got EAD valid until April 2005.
I got Advance Parole until April 2005.

Can I work for another company using my EAD. I believe my old company is not going to inform INS and revoke my I-140.

Bytheway, I have H1 validity until Sep 11 2004.

Please post your expert advices.

Thanks.
 
H1 is the best bet

I believe your H1 6 years are not getting over in Sept 2004 so you can still extend ur. H1 further. In your circumstances it sis best for you to stick to h1 and hope that you will get the GC if the company does not revoke the 140. There are no gurantees to this process once you are not with them so switching to EAD will be like playing with fire.

If I were you, I would switch jobs on H1 not on EAD and maintain my H1 till I get the GC or atleast till 140 is approved.

will_get_there
 
I agree. I am in the same boat as well. I have my EAD card ,but I will be laid off by the end of the month.My employer promised not to revoke my I-140.

I am getting my H1 B transferred to different company and maintaining my H1.
It is a bad idea to work on EAD as you will lose everything once your I-140 is rejected.
 
Hi

I'm also on simular situation last month I got layed off, My I140 is pending for last 8 month, I start using my EAD. My company attorny advise me to start using my EAD, and also they assure me that they don't withdraw my 140 petution.
 
Can I extend my H1 if company already put me on EAD through I-9 form and informed INS

Hi,

I think my company has already put me on EAD. I got laid off before 180 days. I-140 is not approved.

I have H1 till sep 11 2004. Can I extend my H1 to 8th year from another company eventhough my company already put me on EAD?

I think they put me on EAD automotically as soon as EAD is approved.

Is there a chance that my 8th year extension gets appproved?

If 8th year approved, if I have to change to another location, Can I submit AR11 form? Does it trigger any RFE for my pending I-140?

Please advise.

Thanks
 
My I140/485 pending >180 days, no approval yet. Company closing down, will switch to another company in Nov. Current and new employer's lawyers stated they only need to file a new I140 to safeguard the existing applications. Different with my case is: my occupation doesn't require labour cert, and I already received and replied I140 RFE few months ago. Hope my current I140 will get approve soon!
 
I-140 approved and laid off

My I-140 was approve. Then I was laid off before I have a chance to submit 485. Now I am working for a different company doing essentially the same job functions. Do I need to start the whole process for LC again? I would appreciate if someone can share some info on this.
 
suley said:
My I-140 was approve. Then I was laid off before I have a chance to submit 485. Now I am working for a different company doing essentially the same job functions. Do I need to start the whole process for LC again? I would appreciate if someone can share some info on this.
Click to expand...
If it's the same location, you might be able to use teh labor cert. Ask an AILA lawyer. But they have to file new I-140.
 
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