| Q. |
Lay-off; H1B, EAD & I-485 status.
Hi -
A)I used to work [terminated on 10/28/08] for US company.
B)They have (1) processed my H1B [6th yr expiring on 12/05/2008] (2) filed for my GC [EB2,PERM approved 07/07; I-140 filed 08/07 and approved 07/08; I-485 filed 08/07]. Have EAD till 10/10 [but never used it].
C)They have informed they will never revoke my I-140 and will give 30 days before revoking my H1B.
D)I am planning to shift to a small company [revenues $300k] as my new employer.
E)The new employer will file from my 7th year H1B [using approved I-140 of previous company]
Questions:
Q1) If my H1B[of new employer] gets denied [because of small company], Can I shift to EAD?
Q2) Will I be out of status for any period of time during this process[H1B applied & denied]?
Q3) What will happen if I don't file for AC21?
User's Location:
Colonia, New Jersey, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
In case your new employer H-1B application gets denied, you can certainly fall back on your EAD and use it to work. Certainly, it is better to work on H-1B as it allows you some security in case your I-485 is denied. I don't think the sole fact that the new employer has $300K in revenues should cause your H-1B to be denied.
You will not be out of status throughout the period because you have an adjustment of status application pending.
If you do not file for AC21, in the event your I-485 gets RFE you may have to invoke AC21 and submit the proper paperwork as a response to the RFE. While I usually recommend filing AC21 upon switching jobs, not all circumstances warrant it. But be sure to change your attorney of record on your I-485 if your employer or your employer's attorney filed it - this way you will make sure you receive any RFEs or other communications from USCIS.
Please let me know if you have any further questions or need help with your transfer.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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