My I485 was filed on 07/29/02 and I didn't file for the EAD at that time. My wife EAD was filed and it is approved also. We had our fingerprinting done, last week.
My company has laid me off...What are my options??
--------Your first option would be to find job with new employer in the same or similar job as specified in your labor certification for your GC and transfer H1 to that employer! Assuming you have time left on your H1B. You can start working with new employer as soon as they file H1B transfer with INS which takes around 2 weeks.....
----------Your second option would be to apply for EAD. Check with the local INS to see if you can do it immediately. If they say no then you may have to apply to your service center which takes around 90 days!!!!
1. Do I have to leave states immediately?
----You dont need to leave states since once you file AOS/I-485 application, you are legally in status until INS makes decision on your case. If they denies your I-485, you may talk to lawyer and file a motion to reopen your I-485 case!!! But thats for the worst case scenario and at the later stage. For now you are safe!
2. Should I negotiate with my company to keep my GC petition going? What is required for that?
--- Check with them whether they r going to revoke your I-140. If not then you should be fine even if they send H1 cancellation letter to INS. By law they are required to notifiy INS regarding your termination. But if they r not going to revoke your I-140 or they dont send letter to INS revoking your I-140 in a timley manner then you should be alright depending upon your Recipit date (For your recipit date you shouldnt have any problem). Normally they dont revoke and help out Laid off employees. Get the copy of your labor certification and I-485 recipit from them. You need them to decide whether the new job you get is in same or similar field. Also, ask them for rehire intention letter see if you can get it. That will be helpful in case INS issues RFE within 180 days which is highly unlikely considering INS slowness!!!! If they cant give you then keep all your laid off and termination paper work...in case you have to fight for approval with INS!!!!!
3. Should I go ahead and file for my own EAD? or Can my company file for my EAD now?
You are eligible for EAD when you file I-485 application. For I-485 application petition, your are the petitioner not the employer. So even if your employer wishes to revoke your I-485 application, they cant do that since it is filed by You! So file for EAD application as soon as possible.
I went through the same situtation just like yours and i did do H1 transfer to new employer for a smiliar job after 2 weeks i was laid off......INS didnt even issue RFE for my case and i got approval last month...so...keep the fingers crossed!!!!.....
