Please help: a few questions

[xyz_999]

Hello,
I have my H-1B up to January 2006, and I have EAD expires August 2005, and I applied for a renewal. I have the following questions.

1. Should I apply for an extension of H1-B or can I just use my EAD?
2. I know that if I am laid off, H-1B is not valid anymore. Is it the same for EAD?
3. If I was laid off, what would my status be, will I need to go out of country if I could not find a job immediately?
4. I asked the lawyer if I find a new employer, can I file AC21 (I-140/I-485 concurrent filing in June 2004, I-140 is approved), he said no need, we can wait for CIS to ask us, is that the right way to go?

Thank you very much for you reply in advance

 

[In_durham]

Refering to your last query, my attorney also told me the same thing - AC21 allows change of jobs and INS knows that. If there is an RFE then one needs to provide details such as EVL etc.

 

[pralay]

1. Should I apply for an extension of H1-B or can I just use my EAD?

It's always safer (and advisable) to have both - H1 and EAD.

2. I know that if I am laid off, H-1B is not valid anymore. Is it the same for EAD?

Your EAD will be valid and you can use it for starting a new employment.

3. If I was laid off, what would my status be, will I need to go out of country if I could not find a job immediately?

Your status will be "I-485 pending" (assuming your I-485 ie pending).

4. I asked the lawyer if I find a new employer, can I file AC21 (I-140/I-485 concurrent filing in June 2004, I-140 is approved), he said no need, we can wait for CIS to ask us, is that the right way to go?

Yes, you can use AC-21 for similar job. AC21 filing is optional.

 

[xyz_999]

Hello pralay,
Thanks for you responses. I have two more questions.
1. When I switch to new employer and got laid off there (I will probably need to use my EAD since this employer does not want to do anything related to sponsoring) will my EAD be still valid?
2. I understand from your reply, I can stay in US since I-485 is pending, and I can continue to search for a new employer with my EAD without any time restriction (not like 60 days case for H-1B), can you confirm this one more time?
3. Let’s say I did not succeed to find a job, will CIS approve my I-485 while I am out of job?
4. Last question: if I-485 is rejected, will my EAD be invalid? If yes, should I leave the US in that case?

Thanks for reply in advance.