Laid off -Employee cancels H1-B and approved I-140, can I work on EAD?

[USofA]

I am in a situation where I am laid off and chances are that my employer will cancel H1-B and approved I-140, I-485 is pending for couple of years. I have EAD valid for another year.

Can I work with a new company on EAD in above case and what will be the consequences on GC, if I-140(approved) is cancelled?

Appreciate your help.

 

[another_fella]

Yes you can work with a new company using EAD in a same or similar job as your pending GC application.

here is what I would do:

1. Find a job on EAD or H1 ASAP, and be prepared to file AC21. Take anything that comes your way. I wouldn't worry too much about keeping H1 status, remember most companies would rather hire on EAD - so they don't have to spend extra for H1.

2. Get educated on AC21 as much as you can. Use Google. AC21 is the passage to getting 485 approved in this situation.

3. If you are on good terms with the ex-employer's HR request them not to cancel 140. AFAIK they are legally required to cancel H1, but not 140. To cancel the 140 it is going to cost more $$ for the company. The issue with canceling 140 is you may get an NOID (Notice Of Intent to Deny) on your 485 or RFE. This puts you in a tight spot where you are expected to respond with AC21 documents (Employment Verification letter from new employer, any other documents as requested... ) within 30 days of issuance of NOID/RFE to keep your 485 application active.

Hope this helps and Good luck!

I am in a situation where I am laid off and chances are that my employer will cancel H1-B and approved I-140, I-485 is pending for couple of years. I have EAD valid for another year.

Can I work with a new company on EAD in above case and what will be the consequences on GC, if I-140(approved) is cancelled?

Appreciate your help.

 

[USofA]

Thanks, that helps.

So the key, is to get a job and maintain the AC21 portability requirement.

Another question that comes to my mind - Say if I am unemployed for 3+ months or so, due to the current market situation, will I have to prove anything if unfortunately any RFE/NOID is requested?

 

[another_fella]

Thanks, that helps.

So the key, is to get a job and maintain the AC21 portability requirement.

Yes

Another question that comes to my mind - Say if I am unemployed for 3+ months or so, due to the current market situation, will I have to prove anything if unfortunately any RFE/NOID is requested?

That would be the worst case scenario. When you get NOID/RFE and you are unemployed at that time - providing EVL (Employment Verification Letter) would be tough (nearly impossible) with AC21 eligibility.

AFAIK if you get RFE/NOID, you *must* provide the requested documents within the stipulated time as provided in the RFE/NOID, otherwise the 485 is not good anymore.

Bottom line: find a job that meets AC21 requirements ASAP.