Will be laid off soon (Urgent pl reply)

[ksidd]

My employer based 485 is under process and eight months have passed. My wife got her EAD through my application and working. I donot have EAD and still on H1 valid through 2004. I have following concerns...

I will be laid off next month. What would be my status without EAD. DO you suggest me to apply for an EAD. Will I be safe to stay back and look for the job once having EAD.

My wife working on EAD (my employer application), what if she stops working for time being(not keeping well). Does she need to convert to H4 again.

Please reply. Thanks

 

[robin_m]

your status is legal

i was in similar situation except that my h1 expired in 8/31/02.
you may want to check the thread started by me
http://boards.immigrationportal.com/showthread.php?s=&threadid=63832


as per your status, you maintain legal status as long as your AOS is pending with INS. so don't worry on that part. same thing with your wife. even if she stop working, she'll maintain legal status with pending AOS.

i'd suggest you apply for EAD while looking for job on H1.
i think it's easy to find job with EAD than with H1 status.

again, i'm in similar situation and i hope things will improve for us.
good luck!

 

[ksidd]

Thanks

Do you mean to say that since our 485 is in process, my status would be legal here even if I loose my job and do not get any job in near future.

I understand the need of getting another job since that will be required if get a GC Interview call.

DO you know the process of applying for EAD. Does it need to be the same service centre where my original 485 application is filed. I do not have 485 receipt notice but I have A , LIN number anf FP notice.

Thanks and hope things would work out best for us.

 

[Yee Man Chan]

To apply for EAD, you need to include a copy of your I-485 receipt. So ask your lawyer for a copy.

When I applied for EAD by myself, I even got an RFE for my I-140 approval notice. So to be on the safe side, ask your lawyer for your I-140 approval notice as well.