I am on my maternity leave for my first baby and I just got layoff notice. However, according to the company\'s policy, I won\'t get terminated until I return to work after the leave in the next 12 months. I applied for 485 and received the receipt yesterday. And I am also waiting for my H1B extension. Is my 485 case still valid since I am still employed by the company? How about my H1B status? Thank you very much for your advice.
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Worried new mom
- Thread starter Ai Liu
- Start date
EAD!!
Since you received your I485 receipt, you are in status. Apply for the EAD (and AP) now. You can do it yourself (see the INS site for the forms I765 and I131). After you receive the EAD you can start working. This is convenient since you can tend to your child now and by 6 months the child will be ready to be tended in day care when you will become eligible to work again.
The H1 extension will not be valid since your employer fired you.
Good Luck
Since you received your I485 receipt, you are in status. Apply for the EAD (and AP) now. You can do it yourself (see the INS site for the forms I765 and I131). After you receive the EAD you can start working. This is convenient since you can tend to your child now and by 6 months the child will be ready to be tended in day care when you will become eligible to work again.
The H1 extension will not be valid since your employer fired you.
Good Luck
Thanks Jim and Jaxen
Can I just wait six months and find a similar job with EAD? Is it possible that my current company do anything that might harm my plan? If I stay out on maternity leave for another 12 months and wait for GC approval, since I will be still employed by the company, can INS deny my GC?
Thanks again,
Can I just wait six months and find a similar job with EAD? Is it possible that my current company do anything that might harm my plan? If I stay out on maternity leave for another 12 months and wait for GC approval, since I will be still employed by the company, can INS deny my GC?
Thanks again,
No Title
1.Yes.
2. Lawyer Murthy says that there is a possibility of company jeopardizing the GC process within this 6 months. But if they fire you, they cannot harm your GC process, since they cannot withdraw the 485 application. This is my opinion.
3. Depends. Will you get paid during this maternity leave period? Although the GC is for a future job, will your company will give another employment letter during the interview(not the usual practice, but theoritically possible)? It is definitely a risk.
Get the EAD and hire a good lawyer and file a new G28 , if you are not confident about the current lawyer(company\'s stooge?).
Your company might send the firing information to INS and you might get a employment Related RFE. You have to be employed in a similar job when responding to the RFE.
1.Yes.
2. Lawyer Murthy says that there is a possibility of company jeopardizing the GC process within this 6 months. But if they fire you, they cannot harm your GC process, since they cannot withdraw the 485 application. This is my opinion.
3. Depends. Will you get paid during this maternity leave period? Although the GC is for a future job, will your company will give another employment letter during the interview(not the usual practice, but theoritically possible)? It is definitely a risk.
Get the EAD and hire a good lawyer and file a new G28 , if you are not confident about the current lawyer(company\'s stooge?).
Your company might send the firing information to INS and you might get a employment Related RFE. You have to be employed in a similar job when responding to the RFE.