Special situation with 485/EAD

T

ta2002

New Member
I wanted to discuss a special situation we have. Both me and my husband have a pending employment based 485 since Dec 2002. I am the primary applicant. My husband is using his EAD to work for a company. I have my EAD and I am about to lose my current job with the sponsoring company.

Here is the special situation:
I may not be able to find a new job in a similar occupation with my special situation and we understand that we might have to give up our 485 application. My spouse's company can sponsor an H1B for him and I can then file for change of status to H4 if his H1B is approved in time. The question is how much time do we have:

1. How many days can I be on continued leave without pay while being on the company payroll (using my EAD), assuming I can arrange that with my current employer?
2. Once I have used up those days in #1 and am officially off my current employer's payroll how many more days do I have to look for a new job in a similar occupation before losing status.

I am hoping that my husband is able to get his new H1B approved within that time (#1 + #2) and still continue to work for his employer all the while using his EAD.

I'd appreciate your comments on this. Thank you.
 
1. How many days can I be on continued leave without pay while being on the company payroll (using my EAD), assuming I can arrange that with my current employer?
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Well this depends on your company. As you are in AOS status you do not need to be worried about being paid. Your status is perfectly legal. However ur H1B with your sponsor could be in danger. It is possible the H1B could be terminated. All this again depends on ur company.

2. Once I have used up those days in #1 and am officially off my current employer's payroll how many more days do I have to look for a new job in a similar occupation before losing status.
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Again you won't be loosing status.
If your 485 gets adjudicated without any RFE..thank ur stars.
If the RFE asks for last 2-3 years W2 and recent paystubs then you could be in trouble.
 
Special situation with 485/EAD
I wanted to discuss a special situation we have. Both me and my husband have a pending employment based 485 since Dec 2002. I am the primary applicant. My husband is using his EAD to work for a company. I have my EAD and I am about to lose my current job with the sponsoring company.

Here is the special situation:
I may not be able to find a new job in a similar occupation with my special situation and we understand that we might have to give up our 485 applications.
--- Don’t withdraw the pending I-485 nobody knows what may be in the final AC21 regulation and pending I-485 gives you protection of AOS pending till the time is not denied or approved
My spouse's company can sponsor an H1B for him and I can then file for change of status to H4 if his H1B is approved in time. The question is how much time do we have:
---- your Husband has to file for NEW H1 and no I-94 will be attached with that he should go out of US then get H1Visa in his passport and enter US on H1 status then you can file for H4 by filling up the Form I-539 or go to your home country and get H4 stamped based on his H1 approval notice please keep the valid AP with you because you have used EAD and if anything goes wrong you can enter using AP. You both should have valid AP if visa is refused or any problem
1. How many days can I be on continued leave without pay while being on the company payroll (using my EAD), assuming I can arrange that with my current employer?
---- Once AOS is filled you can be without job but before the I-485 approval you should have job
2. Once I have used up those days in #1 and am officially off my current employer's payroll how many more days do I have to look for a new job in a similar occupation before losing status.
----- You can look for similar job, no time is set for you, try to find ASAP
I am hoping that my husband is able to get his new H1B approved within that time (#1 + #2) and still continue to work for his employer all the while using his EAD.

I'd appreciate your comments on this. Thank you.
 
Why do you want to forgo the 485 process.Once 485 is filed u are in AOS status.Do not worry on that.It is OK not to be employed but try to get a new job using EAD well before ur case is adjudicated. My opinion is not to convert to H4.

Is ur 140 approved? If so then since u have allready 180 days u can use AC21 to join new company. If 140 is not approved then wait untill it is approved and also ask ur employer not to withdraw/revoke it.
 
“Is ur 140 approved? If so then since u have allready 180 days u can use AC21 to join new company. If 140 is not approved then wait untill it is approved and also ask ur employer not to withdraw/revoke it.”

Only fit case for AC21 is I-140 approved and I-485 should be pending more than 180 days and I-140 NOT revoked. Employer can revoke I-140 any time. No final regulations on AC21 till date and good Lawyers like Sheela Murthy are also changing statements every month. Nobody can give any final answer regarding AC21 whatever we post here is the opinion of Lawyers at this time and it may change any time.
Discuss your options with good lawyer
 
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