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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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  #1 (permalink)  
Old 06-20-2008, 05:02 PM
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Default L1 or I-485/EAD? please advice.

I would be thankful for all the suggestions that I can get from anyone.

Here goes my situation...

I started working in the industry after I graduated with a PhD from a US university in Nov. 2007 and just found out recently that my H1-B application was not selected in the random process (conducted in April). Here are the two options that I have in mind:

First: Relocate to the company's other facility in another country for one year then reenter the US with L-1 visa.

Second: Submitting I-485 through my wife (who is also a foreign national working for another US company, but has already sumitted her GC application, and is waiting to get her I-485 approved). It is my understanding that because the priority date of my country is now current, I can then submit I-485 (hence, applying for an EAD card) which would eventually allow me to remain in the US before my OPT expires (4 months from now). But, my concerns with this option are:
(i) Would submitting my applcation along with her application potentially cause her I-485 approval to be any slower than what it would have been?
(ii) If my wife loses her job (her company is a start-up) after I get my EAD approved, would that also void the validity of my EAD?

Any suggestion would be appreciated.
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  #2 (permalink)  
Old 06-20-2008, 05:06 PM
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If you reenter on L1A visa, you *might* be able to apply for GC on EB1-C category (provided you have hiring firing responsibilities)

If your wife loses her job, since you are the beneficiary, your EAD will be invalidated
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  #3 (permalink)  
Old 06-20-2008, 05:14 PM
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intheyan is on a distinguished road
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If you are able to come on L1-A that is good option.
But why to stay outside USA for 1 yr better leaving your Family. Better apply I-485, get the EAD and Work for any employer.

No your I-485 or EAD application will not slower your spouse from getting her GC approval.

If your spouse I-485 is rejected then your are out of status.
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  #4 (permalink)  
Old 06-20-2008, 05:18 PM
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If your wife loses her present job she can still use the AC21 portability and get another job with the same or similar job description and still be on her journey towards GC.

Don't worry much ...
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  #5 (permalink)  
Old 06-20-2008, 05:31 PM
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The priority date of your country is now current, you can submit I-485, EAD and AP.

If you apply I-485 now the receipt date is fair enough for your legal stay in USA also there is 4 months for your OPT to get expired.
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  #6 (permalink)  
Old 06-20-2008, 05:33 PM
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Thank you very much for everyone's superbly prompt suggestions.

Intheyan: I'm still a bit confused.

So, am I correct to conclude that, after I obtain an EAD through my wife, if she then loses her curret job (while her I-485 is still pending at the time), I will NOT be able to continue working in the US? If that's true, would I still be able to even remain legally in the US?
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  #7 (permalink)  
Old 06-20-2008, 05:53 PM
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Quote:
Originally Posted by Boonsi View Post
Thank you very much for everyone's superbly prompt suggestions.

Intheyan: I'm still a bit confused.

So, am I correct to conclude that, after I obtain an EAD through my wife, if she then loses her curret job (while her I-485 is still pending at the time), I will NOT be able to continue working in the US? If that's true, would I still be able to even remain legally in the US?
If your wife's I-485 has been pending for >180 days, she can always find a "similar" job and move on. GC won't be impacted. As a dependent I-485, you will be fine as well.
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  #8 (permalink)  
Old 06-20-2008, 06:03 PM
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Yes what grupak says is 100 % correct. IF your wife in-case looses her job and her I-485 is pending for more that 180 days( including all holidays) she can find a same or similar job use her AC21 portability and work. You won't loose your EAD or I-485. And I think USCIS won't reject your wife's I-485 all the sudden in just 2 daysafter your wife is laid-off. She will surly be able find one soon.
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  #9 (permalink)  
Old 06-20-2008, 06:37 PM
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I donno why U want to stay away for 1 yr just to come on L1.

Since U'r spouse's 485 is filed and also is current. GO ahead and include U'rself as a dependent (if U haven't done earlier) and apply for U'r EAD.
If 180 days is passed since U'r spouse's 485 filing, then U'r spouse GC process is protected by AC21 rule. U'r spouse can switch employer provided he/she works in the "same/similar" job position mentioned in the labor.
The only minor issue is that U might have a small gap in employment between U'r OPT expiration and the EAD arrival.


Quote:
Originally Posted by Boonsi View Post
I would be thankful for all the suggestions that I can get from anyone.

Here goes my situation...

I started working in the industry after I graduated with a PhD from a US university in Nov. 2007 and just found out recently that my H1-B application was not selected in the random process (conducted in April). Here are the two options that I have in mind:

First: Relocate to the company's other facility in another country for one year then reenter the US with L-1 visa.

Second: Submitting I-485 through my wife (who is also a foreign national working for another US company, but has already sumitted her GC application, and is waiting to get her I-485 approved). It is my understanding that because the priority date of my country is now current, I can then submit I-485 (hence, applying for an EAD card) which would eventually allow me to remain in the US before my OPT expires (4 months from now). But, my concerns with this option are:
(i) Would submitting my applcation along with her application potentially cause her I-485 approval to be any slower than what it would have been?
(ii) If my wife loses her job (her company is a start-up) after I get my EAD approved, would that also void the validity of my EAD?

Any suggestion would be appreciated.
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  #10 (permalink)  
Old 06-20-2008, 07:12 PM
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Thanks, Mpadapa, for your input.

Why would you say that there might be a gap between my OPT and EAD? Shouldn't EAD be approved within 90 days (and I still have 4 months left on my OPT as of now)? Even if it's not, we're entitled to getting interim EAD, correct?
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