laid-off after 1 year of i-485

R

robin_m

Registered Users (C)
my i-485 is pending for about a year now.

CSC center
RD: 08/06/2001
ND: 09/13/2001
FP done: 05/22/2002

my H1-B visa expired on 8/31/02, so my company applied for extension and it is still pending as of today.

Meanwhile i got laid-off on 10/10/02 but my employer would pay me (regular pay ) till 12/10/02. so i'm on payroll for 2 months.

i also applied for EAD on 10/7/02 and is pending. i heard i can get interim EAD if it doesn't approved by 90 days. that puts me at 01/07/02.

Can experts please answer the following questions.


1.. Is my status legal at this point? Assuming i don't find a job till January 2003 or may be beyond, will my status be legal?
my lawyer once told me that we don't even have to work while AOS is pending and 180 days are passed. is this accurate?

and my wife's status who is on h4 visa currently. Her AOS is pending for about 5 months. FP done.


2. can a new company sponsor h1-b transfer even though my h1-b extension is pending at current employer.

3. do i have to find exact job that's mentioned in the i-140 or it can be slightly different? it's really hard to find exactly the same match these days.

Thanks!
 
You should be fine

1.. Is my status legal at this point?

-- You status is no problem. You status is AOS pending, which is a legal status. Don't have to worry about your status.


Assuming i don't find a job till January 2003 or may be beyond, will my status be legal?

-- Again till your I485 is adjudicated you are on AOS pending, which is a legal status.

my lawyer once told me that we don't even have to work while AOS is pending and 180 days are passed. is this accurate?

-- I would say partly. May be you don't have to work, but you better have a job when you case is adjudicated for other reasons.

and my wife's status who is on h4 visa currently. Her AOS is pending for about 5 months. FP done.

-- Her status remains H4 as long her I-94 is valid and you maintain your H1B status. But as your are planning to use your EAD, the day you use your EAD, her status changes to AOS pending. Her status is also legal AOS pending don't have to worry about her status.


2. can a new company sponsor h1-b transfer even though my h1-b extension is pending at current employer.

-- Absolutely possible, I see no problems with that.

3. do i have to find exact job that's mentioned in the i-140 or it can be slightly different? it's really hard to find exactly the same match these days.

-- That's the tricky part. You new job should have the same job responsibilities as mentioned in your LC. Also your salary should match the one mentioned in your LC. INS has started enforcing this (salary part) too. Though lots of people would argue against this. I recently read about this in some immigration web sites.

Good luck in your job hunt. Stay patient and have faith.

Hope my answers help.

Balamani

Disclaimer: I'm not a lawyer, pl. consult one.
 
In this case, what situation is to be considered "...to use one's EAD..." so that the person's status become AOS ?
 
No special act required to be on adjustee..

An 485 applicant is an adjustee from the receipt date of 485. H and L visa holders are allowed to "vacillate" between being adjustee and h/l visas. i.e, both stati are allowed to co-exist.
The only caveats are:
Usage of EAD requires AP to be used for travel that is all. EAD and AP does not have any binding on Adjustee status.

For example, a derivative (dependent) need to use AP once (s)he uses EAD.
A derivative has to use AP , if the primary uses EAD , even if the derivative does not use EAD.
 
balamani, thank you for your answers.

>-- Her status remains H4 as long her I-94 is valid and you >maintain your H1B status. But as your are planning to use your >EAD, the day you use your EAD, her status changes to AOS >pending. Her status is also legal AOS pending don't have to >worry about her status.


so, our current status is H visa and AOS pending.
and after 12/10/02 (my last working day) our status will be AOS pending which is a legal status. could you please clarify this statement keeping in mind that our I-94 already expired on 08/31/02
 
Your status

Your I94 having expired on 8/31/02, both of you are now in
AOS pending.

Balamani

Disclaimer: I'm not a lawyer, pl. consult one.
 
latest update

FYI

i called INS office the other day, officer told me that they are waiting for 'background check' report from FBI and hence they can't give any estimates. he also suggested me to call back after a month or so. so i'm still waiting.
 
Re: Your status


I DISAGREE WITH STATUS ISSUE, YOU ARE STILL IN NON-IMMIGRANT STATUS FOR H1 EXT PENDING STATUS, YOU WILL HAVE AROUND 6 MONTHS TO GET YOUR H1 EXTENTION APPROVE. SO STILL YOU ARE IN NON-IMMIGRANT STATUS. ONCE YOUR COMPANY LAY YOU OFF THEN YOU BECAME ADJUSTEE STATUS AS JAXEN SUGGESTED.

ONE MORE THING TO CONSIDER, SEVERANCE IS NOT CONSIDER AS PAY SO IF THEY ARE PAYING YOU SEVERANCE PAY UPTO DEC 12TH THEN YOU WILL LOOSE THE H1 STATUS SAME DAY WHEN THEY LAY OFF. BUT THEN YOU WILL CONTINUE TO BE ADJUSTEE (I-485 PENDING)

I HOPE THIS HELPS.

JB
[\B]

Originally posted by balamani
Your I94 having expired on 8/31/02, both of you are now in
AOS pending.

Balamani

Disclaimer: I'm not a lawyer, pl. consult one.
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