An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?
How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.
"If you have already filed the I-485 application, you are in “authorized status,” and losing your job, in and of itself, does NOT automatically jeopardize your status. You will remain in status until USCIS reviews your case (calls you in for an interview) and denies the I-485 application."Originally Posted by texas_
This is what I got when I googled. so It seems one should be in authorized status until the FAD becomes current and interview is scheduled.
The answer is pretty clear post 180 days of 485. Not sure on the nuances of job loss before that period, though. Post 180 days you can find one more employment in same or similar job description and file supplement J. There is no clear cut grace period as you are technically in status on the account of having filed 485 (post 180 days scenario). It is recommended to find employment ASAP if you are the primary applicant on the GC petition as it cannot be approved unless you have a same/similar job. You may also want to have a job in hand in case USCIS issues an RFE regarding 485-J. So technically speaking if you do not get a job immediately you are still good but you are definitely risking your application the more time you stay unemployed. This is the extent of law I understand/know. You may want to consult a lawyer in case the situation arises.
For EAD/AP (AOS is Pending category or (c)(9) eligibility after 180 days with first company):
Once you crossed 180 days with the employer that filed for your AOS, you can be out of job for as long as you like. However, USCIS may send you a RFE for I485J anytime. At that time, you need to show that you have a future job with same or similar category classification. These RFEs have a 90 day return window. Usually USCIS sends a RFE only when your FA PD is current. However, they can suddenly become efficient and send you a RFE if you happen to be on their radar.
It is better to be on a job with EAD/AP (AOS Pending) status and have a plan to submit I485J whenever it is required.
For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-...-visa-programs
LPR Since 07MAY2021
My understanding is that if you lose your job before 180 days after filing your I-485, you have to redo your PERM and I-140, but get to keep your priority date. So assuming many of you who are eligible sent out your applications to reach in the first week of Oct, you will be free in April 2021.
https://www.alllaw.com/articles/nolo...rocessing.html
Last edited by Turbulent_Dragonfly; 10-22-2020 at 12:13 PM.
As I understand it (correct me if I am wrong), the grace period should not come into play here. Even though you are on H1, because of the virtue of having filed 485 and in pending state, you are technically in status.
Yes Sir. When I485 is pending you will not be out of status, till a decision is made. However, some folks like to maintain both H1B & EAD/AP status simultaneously. So for them they have the grace period before H1B status expires.
LPR Since 07MAY2021
My H1B is expiring in April, 2021.
My priority date is 11/09/2009 under EB2 I. I filed for the first time in October, 2020.
Do I need to renew my H1B?
Thank you!
Based on current processing time of 485 and EAD/AP, yes its recommended to renew your H1.
Also, check your company policy. Some firms will let you work on extension receipt, others will not. If its former then you can wait and submit paper work 1 month before expiration date. If its later then file for renewal first chance you get it. Anyway paperwork wise, you will be good as you just filed 485.
It's always better to have H1 status until you get GC unless the circumstances don't allow you to do that. My H1 renewal is in June, so I plan to wait for a couple of bulletins (PD EB2 May 2010), but I am also planning on renewing the H1 in Jan.
I really appreciate both of your replies.
Thank you!
You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life
You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in lifeI joined way many years ago as well. But watching and reading about hopeless situation was not helping my peace of mind, so have stayed away from thinking about the fiasco that my immigration journey has been for last 17 years.. Only when I am able to apply, have I got vested in the process again.
LOl.You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life
I do come on the forum almost daily and have been doing so since I joined. But have been more of a reader than a contributor.
I missed the boat on filing in 2012 and was finally able to file this October.
I am hopeful that there will be an end in sight soon.....
Yup same here, only started posting since last year. I used to post in Murthy forum a long time back (~2005-2006) and used to remember JoeF lecturing everyone though he did always provide accurate information. I lost interest in GC and other things after that and only picked it back up last year. I do plan to hang around and post and help others after I get my GC. Barring any immigration reform, there is going to be another decade of suffering on the horizon for backlogged EB2/3-I folks, and I plan to provide them with help and support through their difficult times as others have done so here.
Folks,
I have had consultations with 2 good lawyers on this topic (this was just one of the questions). One of the conversation was done recently. I am in agreement with the response given above since it comes closest to the response given by BOTH the lawyers. The only place lawyers differed were was the - "Once you crossed 180 days with the employer that filed for your AOS," part. My lawyers did not mention this caveat at all. And instead both of them said that once you are in I-485 applied and pending status, you are 'off-the-hook' so to say. Only thing is whenever the next communication from USCIS comes up, (to submit the I-485 J) you need to working with the same employer (if it is less than 180 days) or with 'any' employer who is willing to file supplement J for you after 180 days. Of course both said that this is not a really great situation to be and should be avoided at all costs. But both mentioned that you REMAIN in "I-485 APPLIED/PENDING"status until the decision is made. Hope this helps.
I sincerely applaud this thought. I unfortunately put my head in the sand and waited. Even if I want to help, I have almost zero knowledge of all the processes and pitfalls, I do plan to stay active from now on as well, not sure how helpful i will be
Yes, you can be out of a job on an EAD for as long, until the RFE is issued for supplement J. I know of cases during the recession where some folks were out a job but only received RFE for medicals when their date got current. Getting an RFE for employment i.e. Supplement J is typically when the GC is due (not always though ) or when its been a while since they checked on you . Eg: for folks who got their EAD in 2012 got RFEs in 2018 for the Nebraska filings and 2019 for the Texas filers .
After the 180 day period you own the petition and its almost like having a GC wrt employment . Now that you can apply for EAD 180 days in advance and with a extra grace period of 180 days after EAD expiry , its lot safer to be on EAD .
Understood,
Thank you Idliman
Please refer the OLD article below from Murthy.com that was published during July 2007 fiasco. Article talks about I-485 applicants not receiving receipt information even after 2 months.
https://www.murthy.com/2007/10/19/up...i-485-filings/
I guess we may have to wait one more month to start seeing receipts based on above article and due to COVID delays.
Trackitt is reporting some receipts and checks cashed.
Can someone please respond and provide insights?
I had submitted my 485 application package on Oct 5th, USCIS received on Oct 6th. On Oct 19th I received text notifications with case numbers for all 3, 485, 131 and 765. USCIS tracker shows that the applications were received and notices are in the mail.
Congratulations on getting receipt numbers 😊 which service center ?
My attorney also reported receiving receipts this week for applications submitted in the first week of October and expects mine to arrive in a couple of days. The massive falloff in application processing might be helping in combating the thousands of 485s they should have received in the past few weeks.
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