Need Help. Please Help

N

natasha

Registered Users (C)
Hi All,

I am new to this site but have heard a lot about Ciba and about this site. First of all let me thank Ciba and the others for maintaining
such a wonderful site to help people like us.

Now coming to my Question for which I need Help.

My husband has applied for I-485 in 02/2001 and we have done our FP in 04/2001. We also got our EAD card and AP.
I am also working and I have also got my EAD card through my husband.
But both our companies are not doing that great and may layoff some people. We don\'t know when...

Now we need to go to India because of some family reasons and we are not able to avoid the visit.

We are bit confused as to whether to come back on H1 or on AP.

If we come back on AP what if my husband is laid off ? Then what happens to our status ? Do we become out of status immediately ?
Probably his company may agree to keep him on payroll but looking at the way the CSC is right now going... so slow....we are not
sure how long it is going to take for the final approval !!.. Hence not sure how long the company can keep him on payroll !!

Even if we come back on H1 we need to get it stamped on our respective passports since we don\'t have the
latest companies H1 stamped on our passports.. Since we have already filed for our I-485 and have also got our AP, can we get
a new H1 stamped on our passport and is it Ok ? What is the best option in such cases ? Also what should one write in the Form
OF-156 for the question that they ask about filing any Immigrant Visa petition etc ? Will our H1\'s get rejected because of that or will
it cause any other problems ? Or should we come on AP ? But then what if we get laid off ? Oh God.. what a touch situation...
Please Help us.. with some suggestions....

I would appreciate if somebody could give us some suggestions whether to come on AP or on H1 or can suggest something.
Also if somebody has some experience in such cases would appreciate their inputs..

We don\'t want to jeopardise anything here.... We are so worried and confused as to what to do.

Would appreciate all your help and suggestions.
PLEASE HELP..

Thank you so much.
 
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Want help.. Please suggest even if anyone is aware of the smallest thing....
Ciba can you please suggest too?
Thank you folks.
 
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Your best bet is to come back on the H1 - maintaining H1 status is always better than being in Parole status. If you are in parole status, and your underlying 485 fails due to being laid off, you are instantly out of legal status - whereas, if you are on H1, you can still take advantage of the grey areas of the law that give you at least ten days to look for another job.

You do not need the H1 of your latest company on your passport - INS has clarified many times that you only need the 797 of the latest company and the original H1 on your passport to enter. Generally speaking, although there is no reason why the consulate in India should reject your H1 applications even when you disclose that you have filed for AOS here, it is still prudent to stay away from the consulates, especially those in India if it is possible to!
 
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This is bad part of using EAD. once you use EAD you have to go back to your home country to get H1B visa. INS will not transfer you back to H1.
Ask you attorney to send a reminder or inquiry to INS about your case. If your lawyer has good terms and maintain good standards, INS will listen to them(atorneys) My friend was in the same situation his lawyer send inquiry and 20 days later he got the approval. His ND was late 01/01. and fingerprint done in 03/01. His approval came about 3 weeks ago. This is where hiring good lawyers paysoff.
Secondly if your husband can stay on company\'s payroll till 07/01 it will be more than 180days and you guys should be okay.
Good luck.
 
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Thank you ND and Spancha.
Ciba any comments from you regarding this ?
The lawyer says that since we are in AOS already and have an AP this supercedes the H1 visa and so it is no longer valid and that one should come back only on AP.
Is that so ?? Still confused with everything..
 
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Get a new lawyer - that advice (about AP superceding H1, and H1 being no longer valid) is specifically wrong. There have been enough opinions by lawyers, and enough clarifications by INS stating that. If the lawyer has said that, the first thing you should do is get another lawyer.
 
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Hi,

Once EAD was approved, some employers withdraw H1 and transfer to EAD. You have to ask your employer to keep H1 open.

Well_wisher
 
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What?! My understanding is that if you don\'t fill out that I-9 form
and turn in to INS, by default you are still on H1.
 
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