Need Help on H1B/I-485

[ct61329]

I was laid off by my employer last week, with a pending I-485 since Oct 2007. If I get job offer with the same or similar description in the next 3 months, while waiting for my EAD, what can the new employer do? Can they file a H-1B transfer/portability, although there has been a lapse on my current H-1B? Or should I turn down the offer and wait till I receive my EAD?

BTW, my I-485 is EB3 based, and the PD has been current for a while. How likely does USCIS issue an RFE, or even interview(s) for my case?

[txh1b]

No, your H1b can be filed but not as extension of stay. To get back on H1b, you need to travel and get a new I-94. There is a way to get back on H1b from parolee status within US but off late many service centers have been denying such requests. You are a parolee if you lose H1b status effective immediately.

Don't post in multiple forums.

[ct61329]

Thank you. So basically you're implying that there's nothing a new employer can do for me at this time until I receive my EAD, or if my I-485 is approved.

[txh1b]

Yes. Talk to your attorney.