URGENT....laid off < 180 days..help

[neha72]

Hi ,

I filed my I-485 and EAD in July and after 1 month of filing I am laid off by my company . My I-140 is already approved (non-concurrent filing) and my employer is not revoking it.

1) My H1 is expiring in Dec 2003. What is the best approach - should I go for H1 transfer with a new company or wait to get EAD card ? One company said that if I did H1-B transfer then it will invalidate EAD and entire GC process. Is this true?
Also can I now get a 7th yr H1 extension based on previous company's LC approval ?

2) Will the geographic location of new employer matter?

3) Will the salary change matter ?

4) Can I switch to a new employer now or shud I wait for 6 months to join so that the start date is after 180 days ? Pls advise.

I will appreciate if anyone can pls. reply.

thanks-neha

 

[ginnu]

I filed my I-485 and EAD in July and after 1 month of filing I am laid off by my company. My I-140 is already approved (non-concurrent filing) and my employer is not revoking it.

1) My H1 is expiring in Dec 2003. What is the best approach - should I go for H1 transfer with a new company or wait to get EAD card ? One company said that if I did H1-B transfer then it will invalidate EAD and entire GC process. Is this true?

------------ Not true, they just want to save money filing H1 transfer, file H1 transfer and ask them to provide law that says after getting EAD you cant apply for H1transfer it is not going to invalidate your GC process (your past employer should not revoke I-140 before your I-485 hits 180 days
Also can I now get a 7th yr H1 extension based on previous company's LC approval?
------ YES, you need the evidence that your LC was filed 365 days back or I-140 pending but in your case only I-485 filling receipt will work
2) Will the geographic location of new employer matter?
---- NO, read the recent BCIS MEMO if you want to use AC21 in future, you can work at any location
3) Will the salary change matter ?
-- Read BCIS MEMO, nothing related to salary is mentioned
4) Can I switch to a new employer now or shud I wait for 6 months to join so that the start date is after 180 days ? Pls advise.
---- you can switch now, if risk of I-140 revocation by past employer then wait that your I-485 hits 180 days after filing and I-140 is not revoked for 180 days from the date you filed I-485. as you are laid off file H1 transfer join the new employer

 

[neha72]

to ginnu..

My h1-b with my previous employer is terminated on the day I was laid off.
1) Am I still in status considering I-485 pending ?

2) My 6 yrs on H1 are expiring in Dec 2003. So what needs to be done to join a new employer - a 7th yr H1 extension or H1-B transfer ....(really confused) ??? I have copy of I-485 filing receipt with me.

Pls advise.
thanks-neha

 

[ginnu]

My h1-b with my previous employer is terminated on the day I was laid off.
1) Am I still in status considering I-485 pending?
--- You are in AOS pending status
2) my 6 yrs on H1 are expiring in Dec 2003. So what needs to be done to join a new employer - a 7th yr H1 extension or H1-B transfer....(really confused) ??? I have copy of I-485 filing receipt with me.

--------- IF your H1B was revoked/cancelled by previous employer then you are not on H1B status, you cant get 7th year extension to get H1 transfer or extended you have to be on H1 status. Provide the dates of last pay check, when letter to revoke H1 was sent for more details, other alternative is join new Employer with EAD and then file new H1, once approved exit US get H1 stamp and re-enter with H1 status and new I-94, you need the help of good layer and follow his advice as your question does not qualify for a clear answer, lack of proper information from your side and sequence of events not posted by you date wise