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View Full Version : Urgent help needed- In case of a layoff which is better H1B or EAD


gonecrazyonh4
04-03-2009, 04:42 PM
My spouse office just announced layoffs. Not sure who all are in the list. He is currently working on his H1B- He completed 6 years and got 3 years extension. I used my EAD for 2 months so I lost my H4/H1B and is on adjustment status, so is my son. I am not currently working.

Is it safer to be on EAD if there is fear of job loss (layoffs) ?

Does it make any difference if u are on EAD or H1B if a job loss happens ?

If you are on H1b when u lose job will your legal status gets affected right away. We see no jobs out there in the market for H1B's

Please help us out, situation is very urgent.

thanks in advance

papoopager
04-03-2009, 05:05 PM
My spouse office just announced layoffs. Not sure who all are in the list. He is currently working on his H1B- He completed 6 years and got 3 years extension. I used my EAD for 2 months so I lost my H4/H1B and is on adjustment status, so is my son. I am not currently working.

Is it safer to be on EAD if there is fear of job loss (layoffs) ?

Does it make any difference if u are on EAD or H1B if a job loss happens ?

If you are on H1b when u lose job will your legal status gets affected right away. We see no jobs out there in the market for H1B's

Please help us out, situation is very urgent.

thanks in advance

EAD is always safer than H1b..If u r jobless and has EAD no issues.

gonecrazyonh4
04-03-2009, 05:08 PM
But do u need to be on EAD at the time a layoff happens. Is it safer or better in any way

sledge_hammer
04-03-2009, 05:15 PM
See my answer in blue ...

My spouse office just announced layoffs. Not sure who all are in the list. He is currently working on his H1B- He completed 6 years and got 3 years extension. I used my EAD for 2 months so I lost my H4/H1B and is on adjustment status, so is my son. I am not currently working.

Is it safer to be on EAD if there is fear of job loss (layoffs) ?
>>> Well, if both you and your husband are on AOS status then you're both safe until USCIS requests for more information in case of an inquiry. The primary applicant, in your case your husband, needs to find a similar job soon.
Does it make any difference if u are on EAD or H1B if a job loss happens ?
>>> EAD is not a status. You are on AOS status is you have filed I-485 and is pending.
If you are on H1b when u lose job will your legal status gets affected right away. We see no jobs out there in the market for H1B's
>>> See answer above
Please help us out, situation is very urgent.

thanks in advance

piyu7444
04-03-2009, 06:03 PM
My spouse office just announced layoffs. Not sure who all are in the list. He is currently working on his H1B- He completed 6 years and got 3 years extension. I used my EAD for 2 months so I lost my H4/H1B and is on adjustment status, so is my son. I am not currently working.

Is it safer to be on EAD if there is fear of job loss (layoffs) ?

Does it make any difference if u are on EAD or H1B if a job loss happens ?

If you are on H1b when u lose job will your legal status gets affected right away. We see no jobs out there in the market for H1B's

Please help us out, situation is very urgent.

thanks in advance

In your case the primary applicant does not need to maintain h1b as you have 485 pending. If I were him I would discard h1b and use EAD.

You and your son are both waiting for adjustment of status hence will not have any issues being in US with this status unless your 485 is denied (usually very less chance of that to happen)

If he loses job on h1b he needs to find a new job to maintain h1b or else his employer needs to inform USCIS to cancel h1b. If he loses job on EAD he needs to look for a new one in same occupational class in which his LC was filed. At the time of approval of 485 he needs to have a job offer or job for real which is same / similar to what was on his LC.

Good Luck

gonecrazyonh4
04-03-2009, 06:42 PM
If one lose the job while on H1b can't he/she use the approved EAD (unused so far ) for next job. Even if H1b is canceled by the company the person will be in status if he has filed for I-485 and it is pending for more than 180 days. Am I right abt this ?

ilikekilo
04-03-2009, 06:53 PM
If one lose the job while on H1b can't he/she use the approved EAD (unused so far ) for next job. Even if H1b is canceled by the company the person will be in status if he has filed for I-485 and it is pending for more than 180 days. Am I right abt this ?



If you have a EAD, U can use it for your new job, once he finds a job...fill the details on EAD on the i-9 form and u are good to go...good luck.. once you are on EAD with ajob I believe ur cancellation of ur previous h1b doesnt matter anymore...