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  #1  
Old 02-28-2008, 10:03 PM
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Default Pending Layoff -

Dear members,

I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

I appreciate your help
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  #2  
Old 02-28-2008, 10:21 PM
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Anyone Please?
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  #3  
Old 02-28-2008, 10:25 PM
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Default findout if your employer cacels H1

Find a new employer asap who can process H1 transfer. Otherwise use EAD if your 140 is approved. Also findout if your employer cancels your H1 once they lay you off.

Quote:
Originally Posted by HV000 View Post
Dear members,

I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

I appreciate your help
__________________
PD: 12/28/2006
Catagory: EB2 (BS + 5 years)
I140 Approved: 11/07/2007(NSC)
485 Filed: 07/02/2007 (NSC) -- Approved on 07/12/2011
AC21: 05/2008
RFE : 03/2009 (EVL)
I485 Approved: 07/12/2011


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  #4  
Old 02-28-2008, 10:30 PM
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Default sorry

about your situation, but what I heard if you want to keep your H1b you need to find new job in 2-3 weeks.....
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  #5  
Old 02-28-2008, 10:37 PM
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Default

Do you have your I-140 approved and if yes, have you passed 180 days since you filed your I-485? If answer to both the response is yes, then nothing to worry about as you can simply work on EAD.

If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.


Quote:
Originally Posted by HV000 View Post
Dear members,

I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

I appreciate your help
__________________
EB2 PD: Jul '06
I-140: Sept '06 from TSC
485 Filed - July 2nd at NSC
LUD - 06/02/2011
CPO Email - 6/2/20111
Cards Received - 6/9/2011

Finally maDemygc
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  #6  
Old 02-28-2008, 10:44 PM
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Default

Thanks guys!!

I have enough vacation time with my company. Is it possible to use the vacation time with the company and stay on H1B Status UNTIL i find a new job??
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  #7  
Old 02-28-2008, 10:47 PM
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Default

Quote:
Originally Posted by makemygc View Post
Do you have your I-140 approved and if yes, have you passed 180 days since you filed your I-485? If answer to both the response is yes, then nothing to worry about as you can simply work on EAD.

If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
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  #8  
Old 02-28-2008, 11:59 PM
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Default

Quote:
Originally Posted by HV000 View Post
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.


You are in much better shape with >180 days in AOS. Can work in EAD if needed.

Don't worry.
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  #9  
Old 02-29-2008, 01:23 AM
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Default

Quote:
Originally Posted by HV000 View Post
Dear members,

I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

I appreciate your help
I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
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  #10  
Old 02-29-2008, 02:50 AM
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Default

Quote:
Originally Posted by mallu View Post
I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
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  #11  
Old 02-29-2008, 11:34 AM
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Default get Attorney's advice

Hi,
Sorry about your employment situation.
If you think it is serious enough, I strongly recommend getting an Attorney's advice on how to transfer your H1B smoothly and also to clairfy any questions that you might have.
Paying few hundred dollars for attorney's consultation is worth the peace of mind that you get, once your questions are answered.
Murthy.com, shusterman.com etc are some of the good ones that I know of.
Good luck and donot worry too much (as these kind of things never stops occuring in life).
Regards,
Sri.
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  #12  
Old 02-29-2008, 12:26 PM
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Default

Quote:
Originally Posted by hoolahoous View Post
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.

The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.

In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.

The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.

If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.

If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.

As always, check with an attorney for your specific situation and use your best judgement.

Good Luck!
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  #13  
Old 02-29-2008, 12:34 PM
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mallu is right. H1B status expires immediately when a person stops working. An employer is required by law to notify the USCIS about a lay off and the USCIS revokes H1B as of that date. There is no grace period, so the only chance to preserve H1 status is to find a new job and file H1B transfer BEFORE the lay off. Preserving I-485 is a different story and you are in a good shape regarding GC. Just find a new job, use EAD and stop worrying about H1 status. It does not worth the hassle and you may not get any benefits from H1.
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  #14  
Old 02-29-2008, 12:53 PM
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Quote:
Originally Posted by HV000 View Post
Dear members,

I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

I appreciate your help
You have not mentioned whether your I-140 is still pending.

If your I-140 was approved already, then you can use AC21 portability.

If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.

http://www.uscis.gov/files/pressrele...ntrm122705.pdf

The above memo is relevant to I-140 pending situation.

Last edited by gcwait2007; 02-29-2008 at 12:57 PM.
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  #15  
Old 02-29-2008, 02:32 PM
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if you have EAD and 140 is approved (And 180 passed since 485filed), then why are you worried about H1 status ?
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
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