Layoff. please help

desper

Registered Users (C)
Every senior member:
I am Desper and I posted I-485 and layoff. I have question to ask help.
Facts: I-140 RD 7/17/2001 RD 7/11/2002
All doc were sent to company lawyer in 7/28/2002 but laywer did not send it out.
8/9/02 layoff. 8/16/02 company laywer returned all doc to me but no company empoyment letter.

Questions:
1). should I file I-485 by myself? If I file it, does it mean I am in legal status?
2). If I file 485 w/ EAD, EAD approved but later I-485 rejected. What kind of impact on me?
3). If I file 485 and INS asks employment letter, I quit and go to 3rd country, what kind of impact on later GC petition if I come back 2 yrs later? should I report it to INS when I leave for 3rd country?
4). If I file 485, INS rejects it b/c no employment letter. Does INS take immediate action on me?
5). It is said that legal stay is 30 days for H1b layoff. If I stay here for processing personnel thing more than that and then leave for 3rd country, does 3 yrs or 10 yrs limitation apply on me?
Thanks in advance!! Please help me out
 
Read this info.

I went to Murthy.com and I found this and looks familiar to your case.

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=1594083022

It looks like yo can file for 485 and EAD even if you r not working for the same employer.

There is no 30 days legal status for H1. That is a legend the moment you stop working you are out of status. This was discussed long time ago per Rajiv Khanna.
The 3/10 years penalty are like this.
if you over stay more than 180 days and less the one year you get 3 years.
If you over stay more than 1 year you get 10 years.
I am not sure about the 10 years.

If your case is denied INS will start removal procedure immediatly.
You r out of status right now but you can use 485a (I guess it is the right form) This form if for people with some gaps in legal status less than 180 days.

When you leave the country you surrend the I94 so INS knows when you leave. Because you over stay I think it will we a little difficult to get another H1 in the future. Your best chance is to go for 485 right now and get a very good lawyer.

This are my interpretations only so please consult with a lawyer.

GOOD LUCK!!!!!!!!!!!!!!!!!
 
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