What are my options?

S

Shawn He

Registered Users (C)
Hi, there.
My company filed my I-485 two weeks before it went down last month.
What are my options here? I have been looking for job for the past
four weeks, and it\'s kind of tough right now to find one. Here are
my questions, and your opinions are very welcomed.

1)Someone told me that if I could find a job within 2-3 months of last
job, I should be able to do the H1B transfer without filing a new H1B,
is that correct?

2)I have also applied for the EAD card when I filed
the I-485, and I think it might come down soon enough this month
or early next month, can I use this EAD card to look for my new job
in case I can\'t use my old H1B for the new job?

3)I was looking for the possibility of going back to school as well,
and the school I used to attend has re-admitted me, the only issue
seems to be with what status should I attend the school? Or I should
wait until I settle down my status? I heard it\'s impossible to get a H1B
to F1 transfer, is that true? Can I use the upcoming EAD card to
attend the school?

4)My wife\'s sister has been on Green Card for more than 5 years, and
she is considering to apply for the citizenship if it helps us. If
she does apply for the citizenship, how soon she might be able to
get through the process? If she does get the citizenship, how soon
she could file the immigration petition on my wife\'s behalf under our
circumstance? Can my wife and me both get EAD card once the petition
is filed? Is there any waiting period for doing that? How long this
will take place? What is the procedure?

5)We are thinking about using the upcoming EAD card from my I-485 application to go back to school or work, and maybe waiting for the new EAD
card from my sister-in-law\'s family-based immigration petition in
the following months for the future (after one year)? Is that reasonable
to do?

Thanks a lot.

Shawn
 
You need a job, not a school

Sorry to hear this. You should find a new employer ASAP--school does not help. You wife\'s sister may not be able to help.

(1)The law is against this but it might not be strictly enforced months ago. Everything has changed after the 911 thing. However, this is not a big danger for you--It\'s not a big deal applying for a new H-1B. The reality is that there is little chance that your I-485 will go well. You should find a new employer (apply for H-1 transfer or new H-1) and restart the GC ASAP.

(2)You sure can do so before you receive a decission on your I-485. The disadvantage of using EAD is that you lose your H-1 status. once your current I-485 get denied (unfortunately, which is very likely to happen), you must leave this country immediately.

(3)The law allows you to go back school but not to change to F-1 status. It would be okay to change from H to F status is you had no intention of immigration. You currently have dual-status: H-1B and AOS. Going back school does not help your current crisis.

(4)Naturalization used to take ~1 year (I donot know how fast it is now). This may not help.

(5)Your current I-485 is likely to be jurisdicted (denied) in 6-8 months.

Find a new job. Leave the country for a while if you cannot. Life is more than GC.

Good luck!
 
I think u are in good shape

as long as ur company does not widraw ur 485 application or something like that u are good. INS will never approve ur case in 6 months and then under AC21 u should be OK. Most important thing now is get a job ASAP coz when INS will come knocking on door all they will look for is that u have a job in same classification.

All the best.
 
No Title

I fully agree with Abihant.
Do not worry, get a job, work on EAD, do not apply for an extension of H-1.
Relax, wait until they request for more info, having a job will help you respond to any question INS may have in future.
all the best.
 
Agree with abhiyant

well, i am not a lawyer, but, according to my experience, find a job is most important.

i got laid off before final decision is made, so, quite frustrated around that time. My lawyer\'s opinion is find a job as quick as possible.

my another coworker is not lucky like you. He just got his I140 approved and company laid him off. it just sucks.

For you, just get EAD and find a new job, no school, no H1 extension. You should be fine.

Good luck

beef
 
lesspain\'s posting is irresponsible!

lesspain, if you don\'t understand what you are talking, then just shut it!
 
No Title

Hi there.

Someone had similar situation like mine, and he
went back to school with his EAD card, and later
on the INS asked him to resubmit a new I-140, which
he did under national interest waiver category. Does
anyone know that I might be able to do that as well?
How safe it will be to do that way? Finding a new job
is safest, I believe, but it is really hard to do
so right now, maybe the job market condition will change
in next two months. What do you think?

Thanks for your input.

Shawn
 
my suggestion

Shawn,

I don\'t think you can go back to school with an EAD. I think the
best way is to find a new job ASAP. Some of my co-workers got laid
off and found their new jobs later. I know the job market is tough
now, but the chance is still there. Meanwhile, if it is possible,
talk to your former employer. If they don\'t revoke your I-140 and
I-485, you should be fine. In case you need an EAD to start your new
job immediately, you may go to the local INS office. A friend of mine
got her temporary EAD from the local INS office. Good luck!
 
No Title

Hi there.

I talked to the person who had similar situation
back in 99. He changed job 3-4 months after filing
I-485, and he actually went back to school using
his EAD card. He was trying to transfer back from
H1B to F1, but it seemed impossible. Finally his
lawyer suggested him to go with outstanding path,
where he filed a new I-140 and got new I-140
approved in three months. At the end, he got his
GC.

Based on this, I am thinking the possibility of
following his example of two years ago. One
problem immediately shows up is that currently
I filed I-485 with VSC, but the school I would
be going is within NSC. Would it be possible to
transfer I-485 case from one center to another?

Also, I met some friend yesterday, and I was
told that at VSC, not all people got the request
for employment letter during I-485 process. Does
anyone know how much percentage it is to get the
request? Would it be possible that I get the
GC even at the time I don\'t have a job? My friend
got approved after 4 months of finger print, and
they didn\'t receive the request from VSC for employment
verification. Anyone share experience would be
much appreciated.

Shawn
 
talk to your lawyer

Shawn,

You should talk to your lawyer. If you think your lawyer is not
good enough, try to find a good one. Everyone here wants to help
others, but we\'re not immigration professionals. Only a good lawyer
can show you the best path. Before you take any chances, I really
think you should consult your lawyer. Good luck.
 
receipt notice

Does anyone filed in mid October for I-485 and I-765
has received receipt notice or EAD card? Thanks a lot.
 
Whatever you do, don\'t file a COS to F-1

An F-1 is not a dual intent visa. You will need a "similar" job to support the GC or your AOS will likely be denied on "public charge" grounds. For more information on public charges, go to the FAQs on the INS website. Remember, since your GC was employment based, you need employment.

Jim
 
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