Laid off, with I485 pending. Then I applied for AP, and was requested to appear in person.

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HAS YOUR EX-EMPLOYER WITHDRAWN YOUR I-140?
IF YOUR EX-EMPLOYER HAS THEN GETTING AP AFTER BEING LAID OFF WOULD BE CONSIDERED AS IMMIGRATION FRAUD. YOU MAY GET INTO TROUBLE.
 
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I think you don\'t need AP at all and did they give you some date. It is a good idea to complete 180 days and join another employer before you go and appear in person. This is just my feeling and not advice.
You can contact attorney for details.
 
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Why is it better to cancel my AP ZebraWok?

Thanks for your reply. Please could u give me your reasoning?
 
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Why do u think I wont need AP vguru ?
(I cant leave the US without it can I?)

I can not stay here more than 180 days if I am \'out of status\' or it will destroy my chances of applying for I-485 in future. And since I am not working and I have H1B, and EAD I am out of status (aren\'t I).
 
What is ones status if laid off and have H1B and EAD (but are not working) ???

That is why I wanted to leave for a few months. That way my I485 will continue to be processed and I will not be accruing out of status time.

Please give me any advice as to the different options.
Please tell me what my status is.
Also please tell me why I dont need AP. (If I leave country without it my I485 will fail).

Thanks

Jan
 
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I have seen similar cases before: INS asks applicants
to appear in person for either AP or EAD. The reasons
for this are probably the pictures you submitted or
some minor problems. I would not worry too much about
it, just go as required.

Your status is "protected" once you file AOS. Leaving
out of country with AP to save your status makes no
sense. Go talk to a lawyer to discuss your case.

ciba
 
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Ciba. THANKS for ur reply. :) But what if they asked whether I was still employed ?
Would they then reject my I485.

I spoke to my companies lawyer just after layoff, and he was the one that said that I would be out of status from time of layoff. (However I didnt have my EAD at that time - does that make a difference).

ALSO is it ok for me to work another employer on my EAD - if so should i wait till the 180 days before getting another job.

Once again,
THANKS so much for your help with this.
 
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I doubt they will question you about your employment for advance
parole, but they do, you have to tell them the trueth.

As for being laid off before/after 180 days, I am just as confused
as everyone. I suggest you post your questions on Ron\'s board
and ask his opinions (just don\'t mention that you are represented
by an attorney.)

ciba
 
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