Should I switch H1 to EAD now, emergency situation!!!

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I got my EAD card on December, but I never show to Current employer about my EAD card, I am currently still working on H1.

Our division\'s will be either shut down or has huge job cut in couple of weeks. I might be laid off. My I485 should close to 180 day. Due to current job market, I don\'t know when I can find next job. My big concern is if my current employer will notice INS about my H1 termination, if that happen, my I485 may be rejected.
        
Should I switch to EAD immediately now, Will employer inform INS about job termination for people in the EAD? Which status (EAD or H1) I should keep to not jeopardize my GC process.

If my I-485 was rejected, can I switch to H4 status?
            
Your advise will be highly appreciated. Please help me with these question
 
I got my EAD card on December, but I never show to Current employer about my EAD card, I am currently still working on H1.

Our division\'s will be either shut down or has huge job cut in couple of weeks. I might be laid off. My I485 should close to 180 day. Due to current job market, I don\'t know when I can find next job. My big concern is if my current employer will notice INS about my H1
 termination, if that happen, my I485 may be rejected.

   Should I switch to EAD immediately now, Will employer inform INS about job termination for people in the EAD? Which status (EAD or H1) I should keep to not jeopardize my GC process.

   If my I-485 was rejected, can I switch to H4 status?

   Your advise will be highly appreciated. Please help me with these question
 
180 days

If your 180 days is over just try and get a similar job at the earliest using your EAD. 180 day rule does not say that you can switch job after 180 days. it says that your 485 cannot be denied based on the reason that you are not working for the company who sponsored your GC,if you 485 application is not adjudicated within 180 days.But your new job should be similar as in your LC. So technically you can change job before 180 days and still get your 485 approval if INS do not adjudicate your case within 180 days.But this is very controversial and INS is yet to come out with Final regulations. a INSMemo exists just search for AC21guide.pdf you will get it.
In your case if you have no other option just switch to another company and hope your GC will come through. If you have filed with CSC then I heard they ask for proof that you were working with the sponsored company for 180 days.Pay slip would be OK. If any other service center then they are not currently asking for this proof.
 
read ac21 memo

it says if a I485 petition is not adjudicated within 180 days then the underlying I140 and LC stays valid. But it does not say what happens if company withdraws the I 140. Its any one guess. If you can wait till 180 days thats the safest. If your company closes down then switch at that time and hope for the best. But if you are sure your company will close down start looking for jobs now its very difficult now.
 
agree with U: further points

Though some lawyers say that a person can change before 180 days are over, I am confused.
To me the wording LC and I-140 remain valid for new job when the alien changes jobs if I-485 has been filed and remained unadjudicated for 180 days or more means that a person has to stick to the employer for 180 days before changing jobs .Note the words "when the alien changes jobs". So this applies to persons that are currenly working for sponsoring employers.

But the how to counter the logic that GC is for future job and a person need not be working for the sponsoring firm in order to get GC. The mere requirement is that the benificiary should join the sponsor once GC comes through.How would AC21 apply in this case?
 
No Title

Note the words "when the alien changes jobs". So this applies to persons that are currenly working for sponsoring employers.

Opinion: Yes you are right it sounds like when the alien changes job 180 or more should be over after filing I485.

But the how to counter the logic that GC is for future job and a person need not be working for the sponsoring firm in order to get GC. The mere requirement is that the benificiary should join the sponsor once GC comes through.How would AC21 apply in this case?

Opinion: I think if the beneficiary does not join the company then it would be a fraud. Final regulations "may" say that only for employees who are working with the sponsored company at the time of filing AOS this rule will apply. But its my guess. I may be wrong
 
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