Laid off with an H1-B EAD and I-485 pending? 4 Answers as of September 28, 2010

I have an H1-B (6year extension) EAD and I-485 pending. I was just laid off from my job, with the poor economy. What options do I have?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You need to find a new job in the same or similar job classification as the job listed on your labor cert and I-140 so that when your I-485 is being adjudicated, you are working in that position and thus take advantage of AC21 provisions.
Answer Applies to: California
Replied: 9/28/2010
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your options are not very good. You have only a right to an H-1B extension with a valid employer. Once you were laid off, you were out of status, although the employer has to ensure-pay for your travel back to your home country within 60 days. You can be sponsored by another employer for either non-immigrant H-1B, or by an employer under I-140 for a green card. However, you must return to your country while the application goes on, until the H-1B or green card is granted. The green card application line may or may not entail a much longer wait, while H-1Bs time running will depend on whether your employer has complied with getting labor certification. If you want to discuss obtaining the services of an attorney in this regard, feel free to contact me by phone or e-mail, to set up a phone or in-person consultation.
Answer Applies to: California
Replied: 9/28/2010
V U.S.A. Law Offices
V U.S.A. Law Offices | Michael Vu
In your situation, not much you could do to salvage the pending I-485. Once you are terminated from the company that files the H1-B for you, you are no longer eligible to continue with the I-485 because the legal basis for adjustment of status is no longer available to you. You should seek new employment and ask your new employer to file a new H1-B status for you.
Answer Applies to: California
Replied: 9/27/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You can find another job on the EAD. However, your green card may not be approved if the job offer is no longer in existence from the sponsoring employer.
Answer Applies to: California
Replied: 9/27/2010
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