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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 03-09-2016, 09:07 PM
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Default H1-Layoff-H4 EAD-485

Hello guys,

I recently got laidoff, I am on H1( current one is till 08/2018), 140 Approved with Jun 2011 Priority.
My wife also has an approved 140. Now if I convert to H4 EAD, and start working using EAD...

If I find and join an employer using EAD, who would file a new perm and 140, can I port my priority date and file for 485 when it gets current, with out going back on to H1?

Thanks for the response
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Old 03-09-2016, 09:34 PM
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Sure you can retain priority date and apply 485 with new employer on H4 EAD.

Since you are likely out of status, you probably will have to travel out of the U.S. and come back on H4 using H4 visa. Then apply H4EAD.
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