Need Suggestion on H-1B ?

[miaomiao]

Hi, all

I will get lay-off next month. but my 140 is not approved yet.( I am totally unlucky, RD is Mar/1/2002, it is far beyond 180 days)
. and I filed I-485 this month, have not get receipt yet.

My questions is:

1, After layoff, how long the H-1b will be effective.

2, Should I transter to another non-immigration visa, like F-2, as far as I know that GC application is incompatable with F-2. If I tranfer to F-2, does that mean that my GC application is invalid?

3, If I let it be. No action, Does that means that I am illegally staying?

4, I am trying to find a new job. Want to know how to tranfer H-1B?

many thanks,
miaomiao

 

[Jim Mills]

Q1, After layoff, how long the H-1b will be effective.

A1. It depends on if the employer cancels it. You will however be out of status immediately.

Q2, Should I transter to another non-immigration visa, like F-2, as far as I know that GC application is incompatable with F-2. If I tranfer to F-2, does that mean that my GC application is invalid?

A2. Since you have a pending I-485 you will be eligible to remain in the US. If you have AP you can travel and with EAD you can work. You need (at very least) similar employment to argue with INS that AC21 permits adjustment notwithstanding your change of employer. N0 employer will equal no green card in the long run. If your employer cancels the I-140 you will likely have big trouble.

Q3, If I let it be. No action, Does that means that I am illegally staying?

A3. See above, you can stay as long as you have a pending I-485.

Q4, I am trying to find a new job. Want to know how to tranfer H-1B?

A4. It depends upon how long you remain out H-1 status. I still think that you will be able to effectuate a transfer. Your company may not want to file an H-1 since it will cost them at least a couple thousand dollars and you are eligible to work on EAD.