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

N

neha72

Registered Users (C)
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
 
So sorry to hear about your lay off. I think best thing for you will be to wait for EAD.You can get your IEAD after 90 days of your ead notice date. Then may be you can take a temp project for some time and go for a permanent position only after 6 months.
 
Originally posted by neha72
... 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 ?..
Click to expand...

Not true. You can transfer your H-1B, provided that you were in H-1B status prior to layoff. This has little to do with AOS process in general. And you would be able to use your EAD as well. On the other hand, EAD use effectively terminates your current H-1B, so they might be confusing the two.

You should not count on the seventh-year H-1B extension, because only those unlucky ones who are stuck in I-140 stage for more than a year can actually extend their H-1B beyond the sixth year in one year increments.
 
to bitterman...

I was in H1 status prior to layoff.
My 6 yrs in H1 are expiring in Dec 2003.....Then what is the route h1-b transfer or 7th yr extension ?

pls advise...thanks.
 
Sorry about the layoff.

You can wait till 90 days from RD on EAD application and get iEAD or wait till u get EAD and then look for a job after 180 days, not before.

H1 on 7th year is a tough option since some company should be able to sponser you and it will not be with the company which applied your GC LC, so dont know how INS takes it.

But as for your status you are just fine and wait untill 180 days since filing 485 and get a job and survive till then with your savings.

Good luck with the job search.

-RM
 
here is my point of view

1. You should be able to start work right away by applying for H1 transfer (you can start work before approval as it is going to be predated to your filing date).
2. OR, you can file for EAD (if ur new company is not willing to sponsor H1) and work 'after' getting the iEAD card in hand
3. During December, you can apply for H1 extension from ur new company - even if ur H1 transfer didnt make it (probably wont)
4. OR, you can work till u get GC by renewing EAD "IN TIME"
5. No sense in waiting 180 days to start work; if you are denied, it wont be because you worked during these 180 days.

...
 
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