Recently laid off..

[YetAnotherDesi]

Friends,

I have been laid off recently, appreciate it if someone could help with some questions I have.

* PD: June 2006 EB2 India
* Have EAD with expiration date: Sep 2010.
* Was working on H1B util I got laid off couple of weeks ago. At that time my H1B was valid until dec 2009(end of 6yr term), after which I was planning to work on EAD.

1. How long will I be considered to be "in status" even if I do not find a job immediately and how long can I legally continue to live in the US?
2. If I do find a job soon, will I have to work on my EAD, or do I still have an option of working on H1B?

thanks in advance for any inputs.
YetAnotherDesi.

[yagw]

Originally Posted by YetAnotherDesi

Friends,

I have been laid off recently, appreciate it if someone could help with some questions I have.

* PD: June 2006 EB2 India
* Have EAD with expiration date: Sep 2010.
* Was working on H1B util I got laid couple of weeks ago. At that time my H1B was valid until dec 2009(end of 6yr term), after which I was planning to work on EAD.

1. How long will I be considered to be "in status" even if I do not find a job immediately and how long can I legally continue to live in the US?
2. If I do find a job soon, will I have to work on my EAD, or do I still have an option of working on H1B?

thanks in advance for any inputs.
YetAnotherDesi.

If you want to maintain your H1 status then you need to find another employer immediately to file for your H1. There is no official grace period. But USCIS were approving h1 with few weeks gap (some times without i-94). Though recently I heard they got stricter, so not sure about this now.

Since your i-485 is pending, you are in parolee status (valid status) till a decision is made on your application. If you use EAD for the next job you will still be in status. So, I would suggest to try and find a new employer soon and apply for H1. If that's not possible you can always give up H1 status and work on EAD.

Make sure you get a letter from the employer stating that they are letting you go because of economic condition etc. You might need it later (if you get any query in gc stage or when you apply for citizenship).

DISCLAIMER: I am not an attorney and this is not a legal advice

[meridiani.planum]

Originally Posted by yagw

If you want to maintain your H1 status then you need to find another employer immediately to file for your H1. There is no official grace period. But USCIS were approving h1 with few weeks gap (some times without i-94). Though recently I heard they got stricter, so not sure about this now.

Since your i-485 is pending, you are in parolee status (valid status) till a decision is made on your application. If you use EAD for the next job you will still be in status. So, I would suggest to try and find a new employer soon and apply for H1. If that's not possible you can always give up H1 status and work on EAD.

Make sure you get a letter from the employer stating that they are letting you go because of economic condition etc. You might need it later (if you get any query in gc stage or when you apply for citizenship).

DISCLAIMER: I am not an attorney and this is not a legal advice

agree with the rest of your post except that line in bold. Technically the job offer for the 485 needs to be available all the time that the 485 has remained pending. How is that letter going to help? If he gets an RFE for employment verification tomorrow, sending that letter does not help..

[yagw]

Originally Posted by meridiani.planum

agree with the rest of your post except that line in bold. Technically the job offer for the 485 needs to be available all the time that the 485 has remained pending. How is that letter going to help? If he gets an RFE for employment verification tomorrow, sending that letter does not help..

For EVL RFE, you need letter from current employer.

The letter from employer who filed your GC will be useful in case they raise concern about "good faith intent to work for the employer who filed GC." Mostly it might arise during citizenship (if at all). On further thought, its mostly useful if your GC is approved and you got laid-off shortly after that. Might not apply to the OP case.

DISCLAIMER: I am not an attorney and this is not a legal advice