H1B visa - laid off

[parysg]

Hello,

I got laid-off last week.I am on H1B visa which the company has notified the USCIS to cancel. My I-140/I-485 are pending and I have approved AP document. I also applied for EAD last week. I have tickets to travel to India for 3 weeks in 9th Jan 2009. Can anyone answer the following questions?

1. What is my present status in US?
2. Can I go visit India and come back?
3. If i find a job in March or April 2009 would the H1B visa be transferred?
4. What is the status of my I-140/I-485 case and how good is EAD? Do they get cancelled automatically!

thanks,

Parry

[txh1b]

1. Parolee
2. Yes. You need to have a same/similar job for which your company sponsored your GC for.
3. There is a possibility however the results have not been consistent with all service centers to change from parolee to H1b. You can get a H1b approved, travel and enter using H1b visa that puts you back on H1b status.
4. You need to use AC21 to avoid voiding the 485 if it was pending for more than 180 days. Do some research on it. As your I140 is pending, you may not have much luck with AC21. You would have to restart from scratch most likely. Consult an attorney immediately.