請問小白兔等各位高人大俠: Layoff question

1.NIW/I-485:
I filed the I-140 (NIW) and I-485 together in 2004. My NIW was approved in 2005, but my I-485 is still pending due to the name check delay. Recently, I was laid off by my employer. Will it affect my I-485 petition? Somebody said it may be a problem if I receive a REF for I-485 before approval. They also said that if I find another job within 3 months after receiving the REF, I can still response to INS and get the green card. Is that right?

2. H1-B petition:
My wife worked for an employer as H1B visa holder (subject to cap) in 2005. She filed the I-485 in 2004 as derivative applicant. After that, she applied the EAD based on her derivative I-485 petition and worked for another employer this year. Could she file the H1-B petition and reinstall her H1B status? I think she should not be subject to the cap since she had been subject to the cap in the pats six years. Is that right?

所有跟帖： 

• 回複：請問小白兔等各位高人大俠: Layoff question -xiaobaitu- ♀ (129 bytes) () 04/14/2007 postreply 22:31:37

• 回複：謝謝xiaobaitu. One additional question -davy72- ♂ (371 bytes) () 04/14/2007 postreply 22:51:23

• Your misunderstood the the meaning of priority date -xiaobaitu- ♀ (84 bytes) () 04/14/2007 postreply 22:58:19

• 回複：Your misunderstood the the meaning of priority date -davy72- ♂ (129 bytes) () 04/14/2007 postreply 23:11:15

• If I-140s both got approval,yes -xiaobaitu- ♀ (0 bytes) () 04/14/2007 postreply 23:18:04

• 回複：My wife didn't file I-140. Is that Ok? -davy72- ♂ (213 bytes) () 04/14/2007 postreply 23:28:09

• derivative applicant無自己的優先類別﹐ 是跟著主申請人走的 -xiaobaitu- ♀ (75 bytes) () 04/15/2007 postreply 07:07:05