I-485, layoff

[immi007]

EAD

hkg777,

You can apply for EAD on your own at ant time as long as you have the copy of 485 receipt. H-1 extension has nothing to do with it, and it won't create any problem.

[immi007]

Vidur68

Collecting unemployment on EAD is a debatable issue. There hasn't been any written regulation found which prevents you from collecting it. However, a logical answer is that your 485 is pending which is based on the employment. On the other hand, you are asking for Unemployment benefit which is considered 'public charge' (a burdento the society and govt.). These are contradictory things. Colelcting UI may not cause a problem now, but it might be a question at the time of Citizenship.

These are all 'ifs' and 'buts'. The final choice is yours depending on how much money you need and how much risk you want to take.

[velikovsky]

More on I-485 and layoff

Somebody told me that there is a new issue that is currently being debated - i.e. if the sponsor (company) goes completely out of business the sponsored's (employee) I-485 will be nullified. Relating it to my case, my I-485 was filed by my OLD company. It's been with INS for more than a year now. Because of layoff with OLD company, I was forced to move to a new company with transferred H1. Should my OLD company shut down completely, does it mean I have to restart my greencard processing with new employer? Meaning all over from scratch, back from step one??? OR, can I use the old labor certification from my OLD company which is located in a different state? God bless ...