Laid off on H1b / 485 Pending / Approved EAD & AP

[visaissues369]

Hello Everyone,

I have been in US for 5 years. I came to US on Company A's visa in 2004 and filed my Green Card in 2007 (i485 still Pending, EAD and AP approved).

In Aug 2008, I joined Company B with H1B Transfer and AC21 Portability. Unfortunately I got laid off 1 month ago and still in the process of looking for a new job.

Here are few of the worries I have:

1) Company B has probably cancelled my H1B visa, as I am no longer with them, (but I do have a valid EAD) so am I out of status or is my status AOS?

2) Will I be able to tranfer my H1B to a new employer, if I dnt have paystubs from last 2 months?

3) If I cant transfer my H1B, Can I file for a new H1B(as the quota is still avialable)?

4) Will there be any issue in my GC if I get a new H1B?

I will apprecite your responses and suggestions.

Regards.

 

[ginnu]

Hello Everyone,

I have been in US for 5 years. I came to US on Company A's visa in 2004 and filed my Green Card in 2007 (i485 still Pending, EAD and AP approved).

In Aug 2008, I joined Company B with H1B Transfer and AC21 Portability. Unfortunately I got laid off 1 month ago and still in the process of looking for a new job.

Here are few of the worries I have:

1) Company B has probably cancelled my H1B visa, as I am no longer with them, (but I do have a valid EAD) so am I out of status or is my status AOS?
-------------------Pending AOS
2) Will I be able to tranfer my H1B to a new employer, if I dnt have paystubs from last 2 months?
-------------------------Not possible, USCIS is sending RFE for many dacuments and you are out of status.
3) If I cant transfer my H1B, Can I file for a new H1B(as the quota is still avialable)?
-----------read above
4) Will there be any issue in my GC if I get a new H1B?

I will apprecite your responses and suggestions.

Regards.

if I-140 is approved and you are eligible for AC21 then find new employer and use EAD for work then invoke AC21. If still confused go to your lawyer.