Urgent question - laid off

S

s_jojo

Registered Users (C)
Hi, I was a H1B holder but just got laid off. I am in the 485 stage now. My spouse is the primary applicant and a H1B holder.

Am I out of status now?

Do I need to transfer to H4 in order to keep my legal status?

If I transfer to H4 and find another job later on, can I use EAD to work?

Once I use my EAD, is it possible to apply for H1B again?

Thanks a ton for your information.
 
I'm not an expert, so anyone correct me if I'm wrong.

Your spouse is the primary applicant and she is sponsoring your 485. You have an EAD based on your spouse's pending 485 application, therefore you are still in status and can continue working using your EAD.

You can keep renewing your EAD as many times as needed until they approve your spouse's 485.
 
Thank you

Thank you very much, cfiler.

Can anyone confirm that cfiler is correct and I am OK with my status without applying for a H4?

By the way, there used to be a rule that if you applied for your EAD more than 90 days ago and still haven't got approved, you can go to the local INS office to get a temporary EAD. Is this rule still valid? If so, how long is the temporary EAD valid?
 
if have a 485 pending u are in status and dont have to worry about being out of status. Get a EAD and continue working. Travel out of US only with a AP.

Cheers

Tanjar
 
jojo,

Sorry to hear about your layoff. Agree with cfiler and tanjar's answers. You do not need to file H4 and can continue to work on EAD in related or unrelated fields. The work does not needs to be continuous/permanent. And yes, the rule about interim EAD still holds, though some offices will only issue it if there are no pending RFEs on the EAD application. So make sure you apply for renewals much in advance.

- ab
 
s_jojo said:
Hi, I was a H1B holder but just got laid off. I am in the 485 stage now. My spouse is the primary applicant and a H1B holder.

Am I out of status now?

Do I need to transfer to H4 in order to keep my legal status?

If I transfer to H4 and find another job later on, can I use EAD to work?

Once I use my EAD, is it possible to apply for H1B again?

Thanks a ton for your information.
Click to expand...


Jojo,

YES you can work on EAD till your wife gets approval.
 
Yes you can work using your EAD without any problem. There is no need to go for H4. Use AP if you go out of US.

:)
 
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