Need Information Please: Just laid off!!

V

vermap

New Member
Hello Folks,
Am going thru a rough time and would really appreciate any help I can get... Following are the details of my case:
Went thru the concurrent filing of 485 and 140 with VSC:
140 is approved and it has been 180 days since 485 has been filed:
Have an EAD for my wife and myself;
Have been working on my H1 even with approved EAD (does it matter ?);
My wife is also working using her EAD;
And...sigh... Just got laid off!!;

Questions:
1) Are we still in status?
2) Is there a time limitation within which I have to get a new similar job with similar salary? Would location of the new job matter?
3) Can my wife continue working on her EAD?
4) Can we claim any gov. benefits (my wife is expecting soon...murphy's law is really working with me here)

Thank you friends for your help,
:( Pankaj
 
Questions:
1) Are we still in status?

Yes both of your are in status, don't have to worry about this.
Both of you are in AOS (Adjustment of Status).

2) Is there a time limitation within which I have to get a new similar job with similar salary? Would location of the new job matter?

It's better that you find a job before your I-485 gets approved just to be safe.


3) Can my wife continue working on her EAD?

Your spouse's petition is seperate from your's. She can work using her EAD, no problems.

4) Can we claim any gov. benefits (my wife is expecting soon...murphy's law is really working with me here)

Your better not claim any benefits otherwise you might become a
"public charge" which could create complications.


Hope I have answered all your questions. Hope this helps.


Balamani

Disclaimer:
I'm not a lawyer, pl. consult one.
 
timelimit for new job

..if you get a RFE for proof of employment, you would need to have a new job at that time for replying to it. The new job needs to be with same or similar job duties (refer your LC) though can have different pay and location.

See: http://www.murthy.com/UDac21qa.html

Even if you don't get a RFE, it is much better to file AC-21 before 485 approval as otherwise your 485 may be considered fraudulent..
 
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