Laid off with I485 Pending, H1B, thinking of transfering H4

[pleasehelpout]

Thanks much for the replies on the forum. They have been helpful.

I am recently laidoff with my I485 pending and I also maintain H1B status. And the employer will notify USCIS to revoke my H1B at the end of June. As the job market is terrible, I am not confident that I will be able to find another job by the end of June.

My husband also has his employment base I485 pending and maintain H1B status. His I485 PD is not current.

I am thinking of transferring to H4 status to maintain valid status in US by June. Would transferring to H4 cause denial of my I485, as my I485 is employment based ? If I transfer to H4, can I use EAD if I find another job ?

I know that interfiling my I485 with my husband's I485 can maintain my EAD and I can transfer to H4 without any conflicts with interfiling I485s. But I learned that interfiling is not recommended as I post questions last time.

What is best way to keep valid status with EAD, with no/less time frame pressure ? Thank you very much !

 

[ginnu]

Thanks much for the replies on the forum. They have been helpful.

I am recently laidoff with my I485 pending and I also maintain H1B status. And the employer will notify USCIS to revoke my H1B at the end of June. As the job market is terrible, I am not confident that I will be able to find another job by the end of June.
---------do you have I-140 approved? I-485 pending more than 180 days? do you have valid EAD in hand. did you file I-485 as Primary ?

My husband also has his employment base I485 pending and maintain H1B status. His I485 PD is not current.
------------------- did you have only Primary I-485 pending or you filed derivative I-485 with your huband I-485?
I am thinking of transferring to H4 status to maintain valid status in US by June.
Would transferring to H4 cause denial of my I485, as my I485 is employment based ?
-------------------No denial of my I485 if you you change status to H4 but if you have only Primary I-485 then you need job offer for I-485 to be approved. if you come on H4 and your Derivative I-485 with your husband is filed then you dont need job offer for derivative I-485.
If I transfer to H4, can I use EAD if I find another job ?
----------------------you can use EAD and once use EAD then you will invalidate H4 status.
I know that interfiling my I485 with my husband's I485 can maintain my EAD and I can transfer to H4 without any conflicts with interfiling I485s. But I learned that interfiling is not recommended as I post questions last time.

What is best way to keep valid status with EAD, with no/less time frame pressure ? Thank you very much !

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[pleasehelpout]

My I-140 was approved in Dec. 2006 and I-485 was filed in Jul. 2007, pending for more than 180 days. I have valid EAD in hand and I file my I-485 as Primary.

I have only primary I-485 pending and did not file derivative I-485 with my husband's I-485. And his PD is not current now so I can't submit derivative I-485.

I understand that I need job offer for my only primary I485 to be approved. Finding another job will take more time now and I am not confident that I will find one by Jun. 30, 2009. I am thinking of transferring to H4 to keep my status in US while looking for another job. But I am not sure whether transferring to H4 status has conflict with my only primary I485, causing a denial of my I485? Is it correct that transferring to H4 won't cause denial of my only primary I-485 (H4 and my primary I485 are unrelated at all)? So that I can make sure that I keep my status in US, and I still have my only I-485 alive when I am looking for another job.

Also, my employer informed me that they will revoke my H1B on Jun. 30, 2009. My last entry to US used AP in Dec., 2008. Does it mean that I am automatically on EAD status, so that I can tell HR that no need to revoke my H1B? Or revoking H1B on Jun. 30, 2009 won't have any negative effect on me and my only primary I485/EAD ?

Thanks a lot !

 

[TheRealCanadian]

I have only primary I-485 pending and did not file derivative I-485 with my husband's I-485. And his PD is not current now so I can't submit derivative I-485.

Unless you have a compelling reason to waste $1000, you could ask USCIS to amend your I-485, to make it a derivative. No need to refile.

Finding another job will take more time now and I am not confident that I will find one by Jun. 30, 2009.

What significance does that date have?

But I am not sure whether transferring to H4 status has conflict with my only primary I485, causing a denial of my I485? Is it correct that transferring to H4 won't cause denial of my only primary I-485 (H4 and my primary I485 are unrelated at all)?

There is no conflict, but there's also no point.

Also, my employer informed me that they will revoke my H1B on Jun. 30, 2009. My last entry to US used AP in Dec., 2008. Does it mean that I am automatically on EAD status, so that I can tell HR that no need to revoke my H1B? Or revoking H1B on Jun. 30, 2009 won't have any negative effect on me and my only primary I485/EAD ?

Your pending I-485 keeps you in valid status.

 

[pleasehelpout]

Thanks for the response ! It is very helpful.

What significance does that date have?
-- My employer will revoke my H1B on that date - Jun. 30, 2009.

Is it correct that it doesn't matter since I have a pending I 485. However, my pending I 485 is employment based, would revoking H1B by stating the reason of eliminating position cause denial of my employment based I 485 ?

Thank you very much !

 

[ginnu]

Thanks for the response ! It is very helpful.

What significance does that date have?
-- My employer will revoke my H1B on that date - Jun. 30, 2009.

Is it correct that it doesn't matter since I have a pending I 485.
-----------------Correct, you will be pending AOS status till your I-485 is pending or approved or denied.

However, my pending I 485 is employment based, would revoking H1B by stating the reason of eliminating position cause denial of my employment based I 485 ?
------------------------------------- H1 and I-485 are different petitions. H1 revoking has nothing to do with Pending I-485. H1 is for present job and I-485 for future job. I-485 can’t be approved if you don’t have Permanent job offer. H1 is Employer petition and I-485 is your petition.
Thank you very much !

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