Laid off with H1B + AOS Pending + Approved I-140


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I'm in a pickle. Here is my situation. In 30 days my employer would be letting me go.

My current status is H1B valid till 2014. I have an AOS pending with a priority date of 3/20/2007. I have an approved I-140. Unfortunately my EAD is expired.

I have three main concerns:

1- Can I legally stay in US since I have a pending AOS?

2- I know I can transfer my H1 (within the 30 days) but can I still do my H1 transfer after I'm laid off?

3- Are companies in general (silicon valley area) willing to do H1 transfer these days? Any personal experiences?

I'm planning to apply for my EAD tomorrow but it will take 90 days at least for approval.

What should I do? Any suggestions?

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1. Yes. Your interpretation is correct.

2. Yes. It may come without I-94 at the bottom (especially, if you file 60 days after your last paycheck), in which case to get into H1 status you would need to enter the US on H1.

3. No personal experience.

My first EAD got approved in two weeks. E-filing helps.

Good luck!

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