HELP!. I need your advice please(I140 approved and got laid off).

S

sub_labor

Registered Users (C)
My I-140 got approved. (Finally !!!!). But I got laid off few days before my I-140 approval. I not yet received my EAD. I already have an desi employer who is ready to file for my H1. Guys please give advice or your experiences this kind of problem.
Thanks in advance.

Concurrent filling using substitute labor (applied for I-140,EAD,I-485) AP not applied.
EB2
RD: 8/29/2002
ND: 10/15/2002
FP: 11/20/2002
AD: 3/27/2003 (Hard copy not yet received)
 
Ur best option would be to convince the sponsoring employer to file ur 485 (or give u an employment letter and let u file), even though u are being laid off. Then, once 180 days pass, u can send a AC-21 notice to INS informing about the change of job. See Portability Forum for many cases like this.

If your sponsoring employer does not agrees to file 485, u either have to start all over again or file 485 urself without the employment letter. This was proposed by Yee Man Chan in the following popular thread: http://www.immigrationportal.com/showthread.php?s=&threadid=64687

Goodluck!

-ab
 
He already filed an I-485 concurrently. It's been pending for more than 180 days.

Given the fact that you have no choice at this point, I would take the position that you are eligible to port to another employer (as long as the job is "similar") since your I-485 has been pending more than 180 days. It may go right through, or you may be in for a serious fight with INS, but either way you have no choice. You have an arguable interpretation that your I-485 remains approvable. Just make sure that you are prepared to argue it.
 
Thanks Jim, I have few more questions.
1) 180 days starts from Receipt date (INS received application) or Notice date?
2) Can I move to different state (May be under different service center)?
3) What is my status now (After lay off and before filing new H1)?
Thanks in advance

Originally posted by Jim Mills
He already filed an I-485 concurrently. It's been pending for more than 180 days.

Given the fact that you have no choice at this point, I would take the position that you are eligible to port to another employer (as long as the job is "similar") since your I-485 has been pending more than 180 days. It may go right through, or you may be in for a serious fight with INS, but either way you have no choice. You have an arguable interpretation that your I-485 remains approvable. Just make sure that you are prepared to argue it.
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Originally posted by sub_labor
Thanks Jim, I have few more questions.
1) 180 days starts from Receipt date (INS received application) or Notice date?

INS (BCIS) never specify date either receipt date or notice date, but majority of lawyer interpret as receipt date as that's date when INS received application, not as notice date becuase that is delay by them to enter into thier system.

2) Can I move to different state (May be under different service center)?
sure, you can, but if it avoidable, please try to avoid

3) What is my status now (After lay off and before filing new H1)?
adjustee, but if you have EAD, then you don't need to file new H1

Thanks in advance
Click to expand...
 
Thanks jbm, I have some more questions.
1)Can I change more than one job before I get GC?
2)What is procedure to get EAD from Local office?
 
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