请问小白兔等各位高人大侠: Layoff question davy722007-04-15 05:45:49

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?

回复：请问小白兔等各位高人大侠: Layoff question

回复：谢谢xiaobaitu. One additional question

Your misunderstood the the meaning of priority date

回复：Your misunderstood the the meaning of priority date

If I-140s both got approval,yes

回复：My wife didn't file I-140. Is that Ok?

derivative applicant無自己的優先類別﹐ 是跟著主申請人走的