Urgent help - GOT laidoff before GC approval

P

pathapati

Registered Users (C)
hello Gurus,
I am working on H1B and got laid off but my last working day with present company will be march 14th. my wife's GC {she is primary applicant} in in final stage i,e applied 485 in dec 2001 and I was added as spouse for her 485 in last june and got my EAD in last october but still i am working on my H1B only.

my question is when I was added to my wife's application as spouse , does my layoff will effect my GC approval or my wife's approval.

what should i do? immeadtely use my EAD in order to save status because once company layoffed me means my status is illeagle if i won't use EAD, As all of you know I may not get job in this job market, is it better to join any JOB {EX: target etc }with EAD that way i won't be H1B any more and wait for GC approval.

I have another question both of us will get GC approval same time or differently because i was added as spouse to her pending approval later.

please advice me..
thanks for all in advance
vas
 
Hi Pathapati,

Things are good for you. Do not worry. By the very fact of filing
I-485 on your behalf as a dependent(spouse), your lawful status is preserved. Your lworking/not-working in either H1B/EAD has no bearing on your wife's original/primary and your dependent I-485.

Although your lawful status is preserved, your ability to work still depends on a valid H1 or EAD. Thus any future work will need a new H1B or existing, un-expired EAD. If you happen to start working using the EAD, then you will not be able to apply for a dependent H4 based on your wife's H1B. So If you happen to travel outside prior to receiving I-485 adjudication/approval while you are working on EAD, you will need Advance Parole to re-enter.

Although, you may have an option to convert to H4( not sure about this though), I am not sure if this is really required.

Please note this is not a legal advise.Consult an attorney for legal advise.
 
thanks get_a_life

thanks get_a_life for your reply, I am trying to get answer from attorney, she was not sure wether I should convert to H4 or use EAD once MY H1B terminated. I believe people in this forum are wonderful and had more knowledge than attornies. to be frank I was disappointed by one reply, i expected many replies for my question.

any thanks again get_a_life
 
You don't need to do anything. As long as your wife's petition is valid, you are also in lawful status (adjustee). You can use your EAD to seek another job. And certainly, don't bother getting H4
 
Originally posted by pathapati
I have another question both of us will get GC approval same time or differently because i was added as spouse to her pending approval later.
Click to expand...

INS is unpredictable. So you may or may not get approval same time. But most of "spouce add-on" cases, spouce gets approval later. How late - only INS knows. Secondly INS has "immigration quota" to limit number of immigrants per year. If your wife got approval before quota limit exhausts and you did not, then you have to wait for next year quota. In that case your AOS process will take much much longer time than your wife.
 
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Pralay,
I would like to differ on your opinion regarding quoto. The per country(or max PR Quoto) limit only applies prior to filing the I-485 application. In other words, I-485 can not be applied without a valid visa number (I think it is the A number).

Thus quoto consideration does not arise for people who have valid I-485 pending based on a approved I-140.( This assumes the primary applicant has as approved I-140).
 
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