Laid off on H-1B

A

ash1234

Registered Users (C)
Hi All:

My husband's company filed for 140/485 together in EB2 in Dec'01. We got I-140 approval notice just last week. We have filed for I-824 to switch to CP this week. We are hoping for our interview in Mumbai consulate in early April.
I have an H-1B visa and EAD but was working on H-1B. I just got laid off this Tuesday. I was on maternity leave and went back to work in mid dec after 3 months.
I have somehow convinced my company to keep my H-1B valid. They just want me to give them a letter stating that I am taking extended maternity leave. I am eligible for additonal 12 weeks under FMLA. I haven't given them a letter yet.
I am in big dilemma now. I don't know if I should stay on H-1B or apply for H-4. Can I work on EAD if I find a new job. No comapny wants to do H-1B especially for 2-3 months. Am I eligible for unemployment benefits as I have EAD.
We don't want to take any risks with Green Card so want to choose the safest option.
I don't know what to do right now. The timing couldn't be worse.
Please help.

Thanks.
 
If you have enough time on H1 better you give leave application & stay with that company. Also at other end once you have EAD you are no longer on H1 visa as of I know.

Overall stay with company till you get your plastic card but lawyer can give you proper advice.
 
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