What are my options? Help Please

puja101

Registered Users (C)
Hi
My I485 is pending and PD is May,2005 in EB2 category. I have not used EAD because of my spouse and am maintaining my H1B status. I recently got my H1B extended beyond 6 years based on my i140 approval until 2009. I have stong feeling that I may be lay off sometime soon. In case i lose my job and find new one, can i transfer my H1B to new employer and would it be valid for 3 years too. My EAD whch i have not used since i got it is expiring in Sept. 2006. Do i need to get it renewed. Is it possible my current employer can support my GC even after getting lay off. Please help me out

thank you
 
puja101 said:
Hi
My I485 is pending and PD is May,2005 in EB2 category. I have not used EAD because of my spouse and am maintaining my H1B status. I recently got my H1B extended beyond 6 years based on my i140 approval until 2009. I have stong feeling that I may be lay off sometime soon. In case i lose my job and find new one, can i transfer my H1B to new employer and would it be valid for 3 years too. My EAD whch i have not used since i got it is expiring in Sept. 2006. Do i need to get it renewed. Is it possible my current employer can support my GC even after getting lay off. Please help me out

thank you

Renew you EAD now. If you find a new job, you can either apply/transfer your H-1B (I don't have this experience, so not sure how to transfer), or you can use your EAD for the new job. Since your I-140 has been approved, you should be safe using EAD to work.
 
puja101 said:
Hi
My I485 is pending and PD is May,2005 in EB2 category.
I have not used EAD because of my spouse and am maintaining my H1B status.
I recently got my H1B extended beyond 6 years based on my i140 approval until 2009.
I have stong feeling that I may be lay off sometime soon.

In case i lose my job and find new one, can i transfer my H1B to new employer and would it be valid for 3 years too.
-------yes
My EAD whch i have not used since i got it is expiring in Sept. 2006. Do i need to get it renewed.
------------ renew the EAD. always keep valid EAD and AP with you
Is it possible my current employer can support my GC even after getting lay off.
------- your I-140 is approved and I-485 is pending more than 180 days that makes you eligible to use AC21. you dont need the help of current employer for GC if you change employer then to invoke AC21 you will need permanent job offer letter with same/similar skill to invoke AC21 from New employer.
** If possible try to get approved LC copy particularly form ETA750A from lawyer or present employer because item 13 on ETA750A has your skills.
Please help me out. dont inform company lawyer or your employer about AC21 or your intent to change employer they may not give you LC copy. get I-485 filing reciept. I-485 belong to YOU not to employer or lawyer.
join new employer with H1 transfer and remain on H1 status.

thank you
 
Thanks...One more question. Is there any time window for switching to new company and invoke AC21. I am concerned if I wont get the job with same skills that I have provided in LC. Any idea..
 
puja101 said:
Thanks...One more question. Is there any time window for switching to new company and invoke AC21. I am concerned if I wont get the job with same skills that I have provided in LC. Any idea..
-------------- to invoke AC21 one need to have permanent job offer and AC21 should be invoked BEFORE I-485 gets approved and job offer letter need to have same/similr job duties as on LC
 
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