Laid Off Today ... Please Help!!!

[moitweety]

Hi ... someone please advise

Here is my case. I apologize for the numerous questions, but this is such shocking news to me, that there are a 100 questions running through my mind. Please respond and help

Labor sub PD 11/2001
I 140 was approved April 2006
I 485 RD 06/01/2006
1st EAD 08/2006 , 2nd EAD approved 08/2007 and expires 08/2008
H1B valid till 10/2009

My company which filed my I 485 and did my labor sub, they also did my H1B visa just laid me off. I have been working on my EAD not H1B, also have travelled numerous times on the Advance Parole so have not stamped my passport with new H1B I received from my company.

What do I do now ..am I out of status now ? Is there any time period or validity within which I need to get another job?

Can I just join some other employer either full time permanent OR via a consulting / body shopping firm i.e. as a Contractor ?

Do I just need to file an AC21 and show that my new job is similar to the labor sub filed?

Can I do an H1B transfer and then at some later point just get it stamped when I am outside the USA?

My wife is working fulltime on her EAD, is that still valid?

If I do an H1B transfer, will my wifes EAD still be valid?

In other words can I work on an H1B now and my wife on her EAD?

As I have been working on my EAD, am I allowed to switch to a transferred H1B with the new firm now?

 

[itrecruiter]

Layoff - Not to worry

Based on your current scenario you are still in lawful status with a pending adjustment of status. You can continue to work on your EAD card and travel using advance parole. Your I-140 is approved so you do not have that worry at all. You must continue to file extensions of your EAD to keep your work authorizations. I suggest you file at least six months in advance for EAD and AP extensions. As for your current job situation please email me your resume and I may be able to place you with a new job. I will also assist you in processing your EAD and AP extensions with USCIS. I am sorry that your job laid you off but you know when one door closes another one always opens. Please email your resume to awalker@ipg-llc.com. If you do not require my assistance I completely understand and wish you much success in your future endeavors.

 

[ItsTough]

Speak to a lawyer. See what they say.... One of the lawyers, told me that I shouldn't worry, as long as I find something in a similar job description.... My problem is that my job description is very unique within finance... Given the current market environment in finance, it would be very difficult to find something with similar job description...

The other thing he mentioned that you can probably ask your wife or someone to start a company and hire you as a consultant with a similar job profile... Not sure how feasible that option is.....

Please discuss this with a good immigration attorney. Most likely you should not have any issue with your green card....... I am also part of immigration voice..... If I can help in any way, lets talk..... Send me a private message...and I will give you my phone number....

 

[bigboy00]

Labor sub PD 11/2001
I 140 was approved April 2006
I 485 RD 06/01/2006
1st EAD 08/2006 , 2nd EAD approved 08/2007 and expires 08/2008
H1B valid till 10/2009
What do I do now ..am I out of status now ? Is there any time period or validity within which I need to get another job?

-- You are not out of status. Your status is AOS pending. Get another job before your EAD expires - you can do that since AC21 applies to you.

Can I just join some other employer either full time permanent OR via a consulting / body shopping firm i.e. as a Contractor ?

-- Sure.

Do I just need to file an AC21 and show that my new job is similar to the labor sub filed?

-- That's what I would do. Consult an attorney on this.

Can I do an H1B transfer and then at some later point just get it stamped when I am outside the USA?

-- Why would you do that? You are working on EAD and keep doing that, since it is not employer specific.

My wife is working fulltime on her EAD, is that still valid?

-- Yes.

If I do an H1B transfer, will my wifes EAD still be valid?

-- Yes.

In other words can I work on an H1B now and my wife on her EAD?

-- Yes.

As I have been working on my EAD, am I allowed to switch to a transferred H1B with the new firm now?

-- I am not sure, but in my opinion, it would be in your best interest to find another employer based on your EAD. It is better for you and easier for the employer to employ you when u r on EAD.