status after layoff, 485 pending

[allaboutgc]

Hi,

I was laid off with 485 pending and 140 approved. I was on H1 and never used EAD. Am I in a legal status now without a job? After I find a new job, can I apply for H1 again? Would it be a new H1 or H1 transfer?

Assume there will be several months until I find a new job, is there any bad effect on my 485?

Thanks a lot.

 

[saras76]

Please seek legal help ...

Hi,

I was laid off with 485 pending and 140 approved. I was on H1 and never used EAD. Am I in a legal status now without a job? After I find a new job, can I apply for H1 again? Would it be a new H1 or H1 transfer?

Assume there will be several months until I find a new job, is there any bad effect on my 485?

Thanks a lot.

allaboutgc,

It is always advisable to apply and get a EAD even if you have a valid H1. Although this costs money, it comes in handy in a situation like yours. If I were you, I would talk to a lawyer. My own view is that you should apply for an EAD and once you geti it, you should look for a similar job with similar title extra. You can switch jobs after 6 months of a pending 485. I have known people to get laid of and switch jobs using AC21. Some people have informed the USICS while others have just switched and gotten their GCs. A lawyer can advise you as to what the safest thing is.

Do not worry about the H1 or getting another H1. You have a pending 485 and if its been 6 months then you can easily get the EAD and look for another job. I have personally known people who got laid of, did not find another job but got their GCs anyway. This is risky because the USCIS can always issue a RFE for paystubs or transfer a case for interview. Things can get complicated at that point.

Bottom line is that you should not worry to much. Consult a good lawyer and do the needful. A lot of people have gone through a similar situation as yours.

regards,

saras76