Laid off before 180 days

niwang

Registered Users (C)
I got laid off before 180 days since I filed I485, my EAD and AP was approved and am waiting for EAD and FP approval. could all of you please comment on my situation? Am I still in AOS? What will happen to me? Thanks in advance.
 
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there are many discussions on this topic on this discussion board, where you will find important info. about this... your best bet is to convince your current employer to keep you on the payroll for 180 days from your 485 RD....
 
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My friend has gone through the same situation. It seems that he was in still worse a situation, as he had run out of the six-year limit of H1-B visa. As had been told to me by him, I shall give below the way he is manoeuvring the situation:

  He received the EAD card just after the lay-off. Based on the EAD, he found another job, but the new employer would not take him as an employee there, because he was told that the EAD is not transferrable. So, he got the job contracted to his previous company: the new company would pay the old company. The old company reinstated him and he continues to receive his salary.
 
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I think the new Employer has interpreted the EAD incorrectly. EAD is not for a specific employer. You can use it for any employment.

vk100
 
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I think working for a new employer by contracting through old is a good idea. That way, some one does not have to go through RFE, if encountered. Again, this is an interim situation and can very well work out until 180 days or until GC. Becasue GC was in fact for fututre job.

Thanks a lot for this creative idea.
 
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I checked with my friend and confirmed that the new employer would not take him under EAD. He was asked to get permission from INS to change his employers so as conform with the INS Guidelines for changing employers. He told that his employer would take him as an employee only after getting the permission of INS.

  His employer told him that they have to proceed only in way described above, so that both the employer and the employee would be on the safe-side of the rules and regulations. Now, my friend is waiting for the completion of 180 days after he submitted his I-485-application to get the permission of the INS to change the employer.
 
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