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dungdx

Laid off from work while I-140 approved, I-485 pending for less than 6 months. Now what?

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Here is my situation:

I'm a H1 worker. My H1 status will end in 05/15/12 (end of 6 years). I'm in the middle of the green card application sponsored by my employer. On 11/17/11, I filed the I-140, I-485, and EAD applications to the USCIS.

Recently, I was notified by my employer that I will be laid off and my last date with them is 03/16/12. I then filed the I-140 premium processing request and from the USCIS web site, it says on 03/02/12, they mailed me a notice that my I-140 was approved (as of today, 03/09/12, I have not received the notice yet), while my I-485 is still in "Initial Review" state. So as of 03/16/12, my last date with my employer, my I-485 has been pending for about 4 months, and I guess I'm expecting the I-140 approval notice (as well as the EAD) to arrive pretty soon.

Given this situation, I have the following questions:

1. The last date of 03/16/12 has nothing to do with my EAD, right? I should just wait for my EAD to arrive, right (which hopefully is soon)?

2. My green card is practically gone, because I won't be with my employer for at least 6 months since the filing of the I-485, right?

3. Starting from 03/17, I will be out of status, but still have the lawful stay because of the pending I-485, right? And because of being out of status, I should get the new job within 30 days from 03/16, right? If so, in terms of legal paperwork, would there likely be any trouble if I get the new job after 30 days have past since 03/16? (Could you pls address this question for both cases: a) I already have the EAD. b) I don't have the EAD yet?)

4. How should I get the new job, legally speaking? The new employer can sponsor me 3 year H1B based on my approved I-140, or just simply use my 1 year EAD without having to do anything, (it's 1 year, right? assuming the EAD has arrived by then) right? (and there's no alternative to these 2 legal options, right?). How about beyond that 3 year H1 or 1 year EAD (or 4 year combined totally?)? Given my green card now is gone (?), would they have to sponsor a new one? Would they have to restart the whole green card application process as what I've done with my current employer?

5. Would the fact that I won't be with my current employer for at least 6 months have impact on my currently pending I-485? If somehow the USCIS knows it, would they deny the I-485? (and if I'm not on the new job yet, once the I-485 gets denied, my lawful stay immediately ends, and I have to leave the US right away, right?).

6. The new 3 year H1B that is based on the approved I-140 is not subject to the annual H1B cap, right?

I'd really appreciate your responses to these questions.

Best,

DungDX.

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