H1b-I485 Pending-Layoff

[ankitsh15]

Hi,

I was recently laid off from my job. I have my current H1b valid until 2025 and my I-485 has been submitted and pending since 2020. I do have my EAD/AP card. I was told that I need to port my H1b and I485 within 60 days of layoff or I will become out of status. Can someone please help with my questions:

1. If I do have pending I485 and EAD/AP does the 60 days timeline apply to me?

2. If I am not able to get employment to port my h1b, can I remain in the US legally on an EAD card to obtain employment?

3. Would using EAD put me out of status?

 

[newacct]

You will be out of status 60 days after leaving your job, but you can continue to stay in the US for as long as you have a pending I-485. You can stay in the US even if you do not get H1b or another status. You do not need an EAD to stay in the US legally -- a pending I-485 is enough. Your EAD allows you to get a job. If you get a similar job, then your I-140 and I-485 can continue to be adjudicated even if the I-140 is withdrawn. Working outside of H1b (including using an EAD) will put you out of H1b status, but you will be out of H1b status at the end of the 60 days anyway, even if you don't use your EAD.

[whiskeyjack]

My understanding is, you will lose your H1B status after 60 days, but you can stay while your AOS is pending.