GC EAD, Laid off on H1B - Do I need to be on W2 when priority date becomes current

[Srisree]

Canadian citizen (India born) has a valid GC-EAD. I-485 is pending for more than 180 days. Got laid off by employer who sponsored my GC while working on H1-B. 60 days will be coming up in another 2 weeks. What are my options?

1) Do I need to file a COS before 60 days? My spouse is working on TN. Should I switch to TD (dependent) until I find a new job to be on the safe side? 

2) I believe I can work on 1099 for any employer. Will this be an issue if my priority date was to become current in next 6 months and I need to produce       I-485J (since it's not W2)?

3) My son also got his GC-EAD (dependent). He is in high school. Does he need to file a COS before 60 days?

Thanks

Sree

[pontevecchio]

As someone awaiting AOS, you are allowed to stay legally. At some point of time you may be asked to show proof of a suitable job which you will take up on getting the GC.

[tanaya]

I have a similar situation. Have an EAD and AP but Last Job role ended in Apr 2024. I want to travel to India in Sep for 2 months. If I get a Job offer in hand with a November start date and USCIS reviews my case in October, will my case be approved with just the offer letter while I am in India? 

Another scenario is Can I just travel to India(with no Job Offer). Will I be granted re-entry at that time on AP assuming GC is still pending.