Urgent: I-140

S

sambkc2004

New Member
Hi,

Concurrent filing, EAD & AP approved. I-140/485 are pending for last 6 months (CSC). I have one year H1 time. I got laid off last week. Can I use my EAD to work for another company? What are the options available for me. Please help

sambath
 
If you use EAD before your I-140 get approved, you will be in trouble because there is ruling on it. You could use eAD after you file your I-485 for over 6 months with the approval of I-140. Please go talking to your employer, and see how long they could keep your H-1B status after layoff, they normally give you 2 or more month to find a new job before they inform INS. It's better for you to talk to your immigration lawyer for advice.

Sorry to hear the layoff, but don't be frustrated, I do believe that your I-140 would be approved soon according to the current proceeding.

Good luck.
 
Thank you very much for the reply.

I have one more question. Will USCIS approve I-140 without RFE? I kind of RFE I can expect?

Regards
Sambath
 
Originally posted by dingdingdo
If you use EAD before your I-140 get approved, you will be in trouble because there is ruling on it. You could use eAD after you file your I-485 for over 6 months with the approval of I-140. Please go talking to your employer, and see how long they could keep your H-1B status after layoff, they normally give you 2 or more month to find a new job before they inform INS. It's better for you to talk to your immigration lawyer for advice.

Sorry to hear the layoff, but don't be frustrated, I do believe that your I-140 would be approved soon according to the current proceeding.

Good luck.
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DingDingo,

I am lil confused about your posting, where does it say that you need an aproved i140 to use your EAD? EAD is issued based on pending i485 which is dependent on your i140. The only risk in using EAD card before i140 aproval is the concern of RFE, incase it is issued that you basically screwd if u are using EAD and not with the sponsoring company. Your H-1b goes away the time you get laid off and there is no 2 months period on paper but if the sponsor company doesn't report for 2 months then legally they are required to pay you for all that time.


sambkc2004'

The wise thing would be for this case is to do an H-1b transfer but you still in status as ur i485 is pending. Risk is what if i140 gets denied then you have to leave the country and no fall back on H-1b option. Talk to your lawyer and i am sure he will figure out something. Wishing you all the best
 
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