Lay off

K

kalimmigration

Registered Users (C)
I have I-485 pending more than a year and I-140 approved.
what will happen if my employer lays me off. will there be
any grace period for me to find a new job and apply AC21 rule.
I guess what iam asking with in how many days i should find a
new job to apply AC21

Thanks
Kal
 
There is no grace period to transfer H1, which means
as soon as you lose your H1 job, you become out of status. However,
INS usually does not crack down this kind of case and you have
some time to look for new job. I heard it's better get new job in
2 weeks, but again there is no specific guideline.
You had better get new job as soon as possible.
 
GotPR? said:
There is no grace period to transfer H1, which means as soon as you lose your H1 job, you become out of status. However, INS usually does not crack down this kind of case and you have some time to look for new job. I heard it's better get new job in 2 weeks, but again there is no specific guideline. You had better get new job as soon as possible.
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This is incorrect. A pending I-485 means that you are always in legal status, no matter what happens to your H-1B. If you get laid off, you need to ensure that you have a job offer at the time of your I-485 ajudication. As an example, my I-485 took just under 3 years to ajudicate. I could have been laid off in September 2001 and not gotten a new job until May 2004 - and have been in perfectly legal status all the time.
 
layoff

Thanks real canadian. Do they renew EAD even if you dont have job for three years with I-485 pending. I think i should be able to find a job with in two months but just in case out of curiosity i want to ask that question.
 
Hi Guys,

I am on my 8th year extension.140 got approved and EAD AP approved.
I got laid off last month.I am in company's payroll end of next month.
My company is going to tell USCIS end of August,"This employee is no longer in our company"

My questions are

1.What is safe to use EAD or H1 visa??

2.If some company is doing H1 transfer and AC21 within 2 months will i be in safe side??

3.if i use EAD and if my 485 denied still i will be in status(My question is can i apply for 485 again_


Regards
Kabish
 
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