Layoffs related questions...PLEASE HELP

I

indianh1b

Registered Users (C)
Hi,

My company will be laying off people very soon and I think I am in that layoff list. My current situation is as follows:

H1-B: expiring in 2005

I-140: Applied in 6/2002. Not approved yet.

I-485: Concurrently applied in October 2002. Six months will complete in 3rd week of April.

EAD: Not applied
AP: Not applied


Q1. What can I do if I get laid off before I-140 is approved?

Q2. I find a new job, what is the best way to change employer and maintain GC process?

Q2. What can I do it I get laid off after I-140 is approved but before I-485 is approved? AC21 can be used here but will that apply to my concurrent filing?

Q3. As my I-140 is currently pending, will it block EAD from getting approved if I apply for one now?

Q4. Can I change employer with EAD pending and I-140 not approved?

Thanks for your answers. I'll appreciate every response. I will contact a lawyer but sometimes I should have the knowledge to be smart enough to analyze his opinions. So I'll appreciate every answer I get.
 
1. Find out a new employer with H1B.
2. Apply for EAD ASAP and Just keep it. Better not to use it.
You should not get an company related RFE for I-140 If they are not supporting you after layoff.
I am in same situation. I am already lost my GC sponsoring job.
MY I-140 ND is 06/12/2002. Applied 485 In September 2002. Got laid off in October 2002. Still no news of I-140.
I currently working for different company on H1B. Please do not use EAD.


Consult good attorney
 
H1b

Thanks for the response.

If you are using H1-b transfer to work for the new employer before i-140 approval, doesn't it void the your GC applications (i-140, i-485 etc)??

When can you transfer on the h1b? Do you have to wait for the h1b transfer approval or can you change immediately after applying for the transfer?

I get the feeling that these days employers are not eagerly looking for h1 candidates. What is your opinion on that?

Thanks
 
why not using EAD?

Tammy2,

if one already got EAD card, but not the H1, why one may not use EAD? Please explain. I am using my EAD already, since my H1 expire in January 03.

Thanks.
 
Same situation but EAD Approved

Hi Guys,
I am also in the same situation but I have my EAD,AP approved
and Finger Prints done...

Can I start using my EAD to switch jobs...
If so will my 140 application get effected...
What are the options available to me.

Thanks
 
I guess you should not use your EAD card but do an H1 transfer for a few reasons. I will try to list them, but not being an attorney I could be incorrect on a few points.

- An H1 transfer will be the safest approach because you are legally entitled to work in the US. The EAD card is voided (even if you change jobs using it & before I 140/ 485 approval) if your application in either of the processes (I 140 or 485) is rejected. This scenario will be messy, as you have given up your H1 status and now your green card process has been rejected..you sieze to be a legal 'alien'.

- There may be a school of thought that says that if you use an H1 transfer you are alerting/flagging INS that you have moved companies. That could be the case, but its better to play safe than be sorry!!!

hope this helps...
 
Thanks guys

Hi bhagavas & inshope,

Thanks for ur suggestions...

INSHOPE, the link u gave has good information..
it definitely gave me a better I idea about the options
available to me

Thanks
CDR
 
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