laid off with EAD application pending

[axl271]

I was just laid off and told by HR that my H1B will be revoked and reported to USCIS at the beginning of May - Big company, nothing to negotiate

My 140 was approved and 485 has been pending over 180 days. I am the primary applicant, but just sent out my EAD application last week. I search the tracker and found it took 2-3 months for TSC to approve an initial EAD application - I guess I am in trouble now if getting a 485 REF .

My questions are

1) In case an employer is interested in me after my H1B is revoked, should I apply a new H-1B if my EAD card is still pending at that time? Is it still a H1B transfer or something else?
2) If I file a new H1b, should I wait until it is approved before I can work? or I can start to work after getting the receipt

Anybody knows?

I was just laid off and told by HR that my H1B will be revoked and reported to USCIS at the beginning of May - Big company, nothing to negotiate

My 140 was approved and 485 has been pending over 180 days. I am the primary applicant, but just sent out my EAD application last week. I search the tracker and found it took 2-3 months for TSC to approve an initial EAD application - I guess I am in trouble now if getting a 485 REF .

My questions are

1) In case an employer is interested in me after my H1B is revoked, should I apply a new H-1B if my EAD card is still pending at that time? Is it still a H1B transfer or something else?
2) If I file a new H1b, should I wait until it is approved before I can work? or I can start to work after getting the receipt

Anybody knows?

Originally Posted by snathan

Did you try the AC21 as your I-485 is pending more than 180 days. I am not sure about the EAD physical card.

I only got interviews last week, but haven't got any offer

[pd_recapturing]

Sorry to hear about your situation and hope, that u get back on track asap. Here are the answers of your questions.
1) Yes, you have to have physical EAD card while taking up a job. If you do not have it, apply H1 thru your new employer.
2) You do not need to wait for your H1B to be approved. You can start working as soon as you get the receipt.
As always, this is my personal opinion. Please refer to a lawyer before making any decision.

[snathan]

Originally Posted by axl271

I was just laid off and told by HR that my H1B will be revoked and reported to USCIS at the beginning of May - Big company, nothing to negotiate

My 140 was approved and 485 has been pending over 180 days. I am the primary applicant, but just sent out my EAD application last week. I search the tracker and found it took 2-3 months for TSC to approve an initial EAD application - I guess I am in trouble now if getting a 485 REF .

My questions are

1) In case an employer is interested in me after my H1B is revoked, should I apply a new H-1B if my EAD card is still pending at that time? Is it still a H1B transfer or something else?
2) If I file a new H1b, should I wait until it is approved before I can work? or I can start to work after getting the receipt

Anybody knows?

Did you try the AC21 as your I-485 is pending more than 180 days. I am not sure about the EAD physical card.

[jthomas]

Originally Posted by axl271

I was just laid off and told by HR that my H1B will be revoked and reported to USCIS at the beginning of May - Big company, nothing to negotiate

My 140 was approved and 485 has been pending over 180 days. I am the primary applicant, but just sent out my EAD application last week. I search the tracker and found it took 2-3 months for TSC to approve an initial EAD application - I guess I am in trouble now if getting a 485 REF .

My questions are

1) In case an employer is interested in me after my H1B is revoked, should I apply a new H-1B if my EAD card is still pending at that time? Is it still a H1B transfer or something else?
2) If I file a new H1b, should I wait until it is approved before I can work? or I can start to work after getting the receipt

Anybody knows?

Don't worry about the layout issue there are many who have been laid out recently and still waiting for a job. Situation has slightly improved. Employers started interviewing but at this moment i don't think anybody is hiring. It would be lucky to get a job during this recession time.

Answer to your question,
1. If your present employer is interested again he can apply for a new H1B as the new H1B will not be counted in the quota. However all the employers are going to revoke H1B and then report to USCIS or they have to pay salary till the time they recruit it back. As far as i know don't apply for H1B transfer in these present days use your EAD and once the economy is out of recession then you can apply for new H1B. At present H1B transfer has higher denial rate.

2. you can start working as soon as you get H1B receipt.

and most important keep in touch with IV forumns so you can get some updates.

J Thomas

[gveerab]

nothing to worry, just focus on getting teh job first. I faced similar situation and successfully handled this. if you want to discuss more please email me, I can provide more detaisl on how I handled similar situation.