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I-485 Discussion Forum
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Laid off in EAD

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Posted by martin (3) 04 Jul 2009
In Jan 2009 I changed the job and used EAD( valid till Aug 2010) not H1 which is valid only Aug 2009 .In June 2009 I am laid off from the company.Last 3 weeks looking for job and as I am not a IT professional it is very difficult to get job in 1 month .
How long i can stay in USA with EAD ? Did I have to renew H1 B to stay IN USA ?

Please help me

Thanks
MM
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Posted by martin (3) 04 Jul 2009
to martin:

come on guys, please answer.

Thanks
MM
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Posted by Suri (3) 04 Jul 2009
to martin:

Hi Martin,
Sorry to hear abt the layoff...
I was under the impression that ones on EAD, it was not required to renew H1 status.
However, please refer to the following URL and the thread below abt a change in policy.
http://www.rreeves.com/articles/immigration_e...
http://www.trackitt.com/usa-discussion-forums/i...
Please do refer back with a good lawyer to be safe.

Good luck,
Suri
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Posted by jinglebell (391)   04 Jul 2009

In Jan 2009 I changed the job and used EAD( valid till Aug 2010) not H1 which is valid only Aug 2009 .In June 2009 I am laid off from the company.Last 3 weeks looking for job and as I am not a IT professional it is very difficult to get job in 1 month .
How long i can stay in USA with EAD ? Did I have to renew H1 B to stay IN USA ?

Please help me

Thanks
MM

to martin:



Hi,

It is good that you changed job in EAD. Had you changed job in H1-B, lay off would have put you out of status.

Now answeres to your questions: In EAD, you can be without job for few days to few weeks. All you need to have is a good faith future job offer letter from a company, upon grant of Green card. The job should be in similar classification or status. Thats all. There is no need to panic. Please keep cool and enjoy your time.

How long i can stay in USA with EAD ?: As long as your AOS case is pending, you can stay. You should remember to renew your EAD and AP in time.

Did I have to renew H1 B to stay IN USA ?: No need. Your pending AOS and EAD will take care.
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Posted by martin (3) 04 Jul 2009
to jinglebell:

Thanks for the info
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Posted by pallavi79 (29) 05 Jul 2009
to Suri:

martin,
You need future job offer for 485. Focus on that future job offer and get it.
If I were you, i will ignore the links provided by suri. those links refers to recent changes and their validity is not prooved on the time line.
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Posted by kaisersose (840)   05 Jul 2009
to martin:

Martin,

Unlike the H-1b, EAD is not a status. Your status is pending AOS, which is valid until your 485 is adjudicated - regardless of your job situation in between.

In theory, you have an indefinite period of time available to find another job. However, if CIS raises an RFE or calls you for an interview, then you will have to produce evidence of a job or a job offer. The good thing is, since you are not on H-1b, your layoff info does not go to CIS and will not produce an RFE.
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Posted by hopechange (61)   06 Jul 2009
to kaisersose:

Hi Kaiserose;

I have been laid off while I was on H1B, I also have EAD but haven't used it. I am trying to find another job on EAD. You are suggesting that I might get an RFE because I was laid off on H1B? If so, how much time would I have to repsond to RFE and would it impact my pending 485 (140 is approved)?

Thanks
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Posted by jinglebell (391)   06 Jul 2009

Hi Kaiserose;

I have been laid off while I was on H1B, I also have EAD but haven't used it. I am trying to find another job on EAD. You are suggesting that I might get an RFE because I was laid off on H1B? If so, how much time would I have to repsond to RFE and would it impact my pending 485 (140 is approved)?

Thanks

to hopechange:



By assuming things, don't get into anxiety mode and spoil your health.

Please wait and see whether it triggers an RFE in the first place.

Probably things would have changed for better in the next few days to few weeks to few months.
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