pls advice on this layoff situation

R

rebellious

Registered Users (C)
Me and my husband are on our 7th year h1 but my husband is facing layoffs soon. i applied for 485 with my husband as my dependent on 17th july .i am EB2 PD March 2005. If he gets laid off what are his options? What do i have to do to convert his h1 to h4 immediately if that happens so he is legal? can that be done while in usa? can we get an EAD sooner by any way?
Thanks in advance
 
rebellious - I am assuming you are the primary on the petition and your husband is dependent petition on 485...

well, your husband has three options,

Option 1) File for H1 to H4 transfer and continue to stay on H4 visa...and not work.....

Option 2) Since he has filed I-485 - so he currently has adjustment status (some call it parole status)...he can go fishing....or do whatever the heck he wants...until his 485 gets approved....If he wants to work, he can wait for his EAD to get approved and he can work based on his EAD...But, remember EAD is just a work privilege offered by pending 485.....

the only catch being - if his 485 gets denied he may be subject to deportation...

Option 3) If he has an old labor or I-140 approved, he can continue working on H1B and file for H1B extensions....hopefully he can get a job fast enough to be eligible for an H1B transfer.......the only advantage is - if 485 gets denied/rejected - he will not be affected and can continue H1B status...
 
rebellious said:
What do i have to do to convert his h1 to h4 immediately if that happens so he is legal?
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No need to convert to H4 to keep him legal. Filing the I-485 kept both of you in legal status. The H4 is only useful if he wants to travel outside the US without advance parole, or wants to stay legal if the I-485 is denied.
 
firstly thanks everyone for replies.
yes i am the primary applicant for 485 and he filed as my beneficiary on 485. So understand that he will have to wait for EAD to start working, does he not need any other visa liek H4 in the meanwhile? is AOS pending a legal status to stay in US? What is the proof of such a status? i haven't even recieved the recipets yet.
i hope we can get EAD in few months, but if it's delayed too long, is there anything we can do to make it faster?
Also is it very common for 485's to get rejected? we have always been legal here and have clean background. should we be worried about getting EAD activated?
thanks
 
rebellious said:
firstly thanks everyone for replies.
yes i am the primary applicant for 485 and he filed as my beneficiary on 485. So understand that he will have to wait for EAD to start working, does he not need any other visa liek H4 in the meanwhile?
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No other visa is needed just to stay in the country without working.
is AOS pending a legal status to stay in US? What is the proof of such a status? i haven't even recieved the recipets yet.
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The proof is the I-485 receipt. Without the receipt you have no proof yet ... but if you apply for an H4 or something else that would take at least as much time as the I-485 receipt anyway.

i hope we can get EAD in few months, but if it's delayed too long, is there anything we can do to make it faster?
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If the EAD application is pending for 90 days, you can make an Infopass appointment to get them to request quick production of an interim EAD.
Also is it very common for 485's to get rejected? we have always been legal here and have clean background. should we be worried about getting EAD activated?
thanks
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It is uncommon for an employment based I-485 to be denied if your I-140 has been approved, your employer is still in business, and you have no criminal record nor history illegal stay in the US. But it does happen occasionally.
 
Well, it actually slightly different in my view. AOS is not a legal status. So as soon as you've lost your real legal status (H1-b, H4, F1, whatever) you're out of status. However, your presence in the U.S. is legal, since as soon as you file your I-485, you are authorized to stay in the U.S. by Attorney General.
This is a little tweak in the immigration system, that everyone should understand.

Being out of status is absolutely ok, as soon as you don't accumulate illegal presence. This is my understanding of the law.

Jackolantern said:
Filing the I-485 kept both of you in legal status.
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AOS is legal status, you can be in US as long as your I485 is pending, but if you want to work you need EAD and you need AP to travel.

your husband will be out of status only if his I485 is revoked or denied, until then you are cool
 
AOS is a legal status.....as per USCIS laws (CIS Ombudsman's 2007 report) - everybody who files for Green Card should get green card within 90 days....

If not, USCIS is at fault, then they should provide something in the interim to alleviate the problem of not having Green Card....hence, they provide interim benefits of EAD and Advance Parole....hence, they are called interim benefits that could be used, in the meantime till you receive Green card.....
 
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There is no such a status as AOS or pending AOS or whatever. AOS is Adjustment of (existing) Status. If you want to see your status, check your arrival-departure record (which in most cases is I-94). This is the document where you can find your status and its expiration date.
As soon as I485 is denied by USCIS, the person starts accumulating such called "unlawful presence". If you want to see the difference between being out of status and unlawful presence, you may run a simple search in Google.

guldukan said:
AOS is legal status, you can be in US as long as your I485 is pending, but if you want to work you need EAD and you need AP to travel.

your husband will be out of status only if his I485 is revoked or denied, until then you are cool
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-me- said:
There is no such a status as AOS or pending AOS or whatever. AOS is Adjustment of (existing) Status. If you want to see your status, check your arrival-departure record (which in most cases is I-94). This is the document where you can find your status and its expiration date.
As soon as I485 is denied by USCIS, the person starts accumulating such called "unlawful presence". If you want to see the difference between being out of status and unlawful presence, you may run a simple search in Google.
Click to expand...

I was on vacation and when I returned back, I was not having GC at my hand. I entered using AP and my I-94 is stamped as 'PENDING AOS Using AP'. If there is no such status, then how do they stamp 'PENDING AOS' in my I-94?

Thanks
 
You've been paroled into the U.S. The text on your I-94 is the reason of your admission, not your status. There is an exception made for some people with valid H and L status approvals, though. Those guys can change their status to H/L or extend their H/L when the status is about to expire.
If you don't have anything like that in your hands, you're in the status until your I-94 expires. However, when it expires you don't automatically start accruing unlawful presence. The Attorney General covers you up. ;-)

nlssubbu said:
I was on vacation and when I returned back, I was not having GC at my hand. I entered using AP and my I-94 is stamped as 'PENDING AOS Using AP'. If there is no such status, then how do they stamp 'PENDING AOS' in my I-94?

Thanks
Click to expand...
 
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Quibble over terminologies as long as you want. The bottom line is that once you have filed the I-485, you continue to be in the country legally even if the underlying H1/H4/L1/L2 visa has expired since filing the I-485, and you are not accumulating days of being out of status until and unless the I-485 is denied.
 
Hmm Interesting discussion so far..
I tend to agree with Jacko although -me- seems to have right legal wording in there. Either way, dont worry too much abt these as long as your I-485 is strong.
Consult with your attorney on the status in between applying for 485 and receipt notice. Once you get receipt notice you are OK.
How long does he have on his H1?
He can transfer it some where if he does not have enough time left.
I think you do have several options status wise
All the Best!!!
 
This is exactly my point. I've been trying to make clear the difference between been in a status and having pending AOS. Anyway, having pending AOS gives you the right to stay in the U.S. lawfully.

Jackolantern said:
Quibble over terminologies as long as you want. The bottom line is that once you have filed the I-485, you continue to be in the country legally even if the underlying H1/H4/L1/L2 visa has expired since filing the I-485, and you are not accumulating days of being out of status until and unless the I-485 is denied.
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