urgent help requested

[zyx2002]

Hi,

About 3 weeks back I got laid off from my job. I am yet to get a new job. My I485 is pending for almost 2 years(ND Jan 2004, PD Nov 2001, EB3, India).

My EAD expires in 1 month.

Can I apply for EAD and AP now without a job(or do I need to be working to
apply for EAD)?

I have been told that with I485 pending I can legally stay in US as long as my case is not adjudicated. Is this correct?

Also if my employer reports about my job discontinuation to USCIS and withdraws my I140 will I get a RFE on my I485?
Please help me I am in a lot of tension.

 

[Kishore_l]

Hi,

About 3 weeks back I got laid off from my job. I am yet to get a new job. My I485 is pending for almost 2 years(ND Jan 2004, PD Nov 2001, EB3, India).

My EAD expires in 1 month.

Can I apply for EAD and AP now without a job(or do I need to be working to
apply for EAD)?

I have been told that with I485 pending I can legally stay in US as long as my case is not adjudicated. Is this correct?

Also if my employer reports about my job discontinuation to USCIS and withdraws my I140 will I get a RFE on my I485?
Please help me I am in a lot of tension.

Don't worry. Find a jon with same or simillar job description as your ETA-750 (section 14 & 15) and invoke your AC21.

If your employer revokes 140 and notify USCIS, USCIS will send you NOID (Notice of intent to Deny). If you respond with AC21 letter along with new job offer...you will be fine. If your new company is a small company.......you may be called for an interview.

 

[zyx2002]

Is it ok to apply for EAD before I get a new job or can can I only apply for EAD only when I get the new job?

If I get a NOID how much time will I have to reply to NOID?

If I dont reply to NOID within how many days will my I485 petition be denied and I have to go back to India.

 

[blessed_by_INS]

Just talk to any Desi Body Shopper.Then you file AC21.you are good to go.Employer may withdraw ur 140 as he may like to substitute labor.But you are out of woods.I am assuming ur 140 is approved.

Hi,

About 3 weeks back I got laid off from my job. I am yet to get a new job. My I485 is pending for almost 2 years(ND Jan 2004, PD Nov 2001, EB3, India).

My EAD expires in 1 month.

Can I apply for EAD and AP now without a job(or do I need to be working to
apply for EAD)?

I have been told that with I485 pending I can legally stay in US as long as my case is not adjudicated. Is this correct?

Also if my employer reports about my job discontinuation to USCIS and withdraws my I140 will I get a RFE on my I485?
Please help me I am in a lot of tension.

 

[assur]

Is it ok to apply for EAD before I get a new job or can can I only apply for EAD only when I get the new job?
YES - you must apply EAD within 90 before exipiration date of your current EAD, irrespective to your current employment status.
If I get a NOID how much time will I have to reply to NOID?
I think it is 30 days, if your employer revoked I-140.
If I dont reply to NOID within how many days will my I485 petition be denied and I have to go back to India.
It is denied after 30.. days, if AC21 is not invoked. One can change to his H1B status, in case of it is still valid. Those who dont have valid H1B, has to leave the coutry within the specifed time/period.