I-140 approved but laid off, what is the option?

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fikabir

Registered Users (C)
Hello Everyone,

I need your help/suggestion, my niece was laid off last week (using H-1). She got her LC and I-140 got approved but laid off last week. She didn't file her I-485 yet.

1) Can she use this approved I-140 to file I-485 through other company if she can find a job within one month?

2) Can she apply for F-1 and H-1 extension at the same time? She is hoping to get I-20 from the school soon.

3) If she gets F-1/H-1 extension approved, then does she need to get outside USA for stamping?

Please help her with your knowledge/experience. She is a disable/handicraft girl and it would be difficult for her to go back to her own country.

Thanks.
 
Try finding a job and file your I-485. By the time they come to reviewing your application, you can use AC21 to say to the INS(BCIS) that you changed jobs during this phase. The only thing you got to worry abt here is the revoking of I-140 by your employer. If the I-140 doesn't get revoked in the first six months of your filing the I-485, you're safe.

Talk to a good attorney and start the process right away but keep the offer letter handy.

Hope this helps.
 
H1Blayoff, Girish Rajput,

Thanks for your quick reply. Her employer will not help her any way. They said they will inform INS after 4 months.

But can she apply for F-1 and H-1 at the same time? She is trying to find a job. By how many days she has to find a job? I know there is no grace period for H-1.

She is also a part-time student in school and trying to be a full time. If she finds a job then want to go for a job.
 
Girish Rajput,

Thank you very much for all of your inputs.
No, she does not have F-1 although taking some courses as a part-time.
 
Girish Rajput:

Please do not provide wrong information so authoritatively if you are not 100% sure. This is in reference to your statement "You cannot file 485 once you are laid off from your job." I don't want to get into the details but I know of two separate cases wherein the lawyer recommended filing the 485 as soon as they were laid off. The lawyers said that they could file the 485 without an employment letter. Since the 485 would be filed without an employment letter they were sure to receive an RFE, which would probably come about in a year or so and by that time hopefully they would have found new jobs and then could submit employment letters from their new employers and use AC21.

Also, your statement "Even though you have an approved labor and 140,you cannot file 485, unless your green card sponsoring employer is willing to help you out." is incorrect since the 485 application is your own and has nothing to do with an employer except for proof of employment.

And who told you this, "Remember you cannot file 485 on your own. I guess that would be fraud." This is total nonsense. It would be fraud only if you submitted an employment letter from your previous employer when in fact you don't have a job.

H1Blayoff, your suggestions are good. fikabir, do as he/she says. Find a competent lawyer and ask your niece to file her 485 as soon as possible. Also ask her to keep looking for a new job. She'll surely find one soon. Best of Luck to her.
 
mavishka,

Thanks for your suggestions. Then I have one more questions:

If she file without employment letter by herself, what could be the worst? They can reject it since no employment letter in the file or issue RFE during adjudication?

Also, can she file with medical exam. and wait for the RFE?
 
fikabir:

The situation I mentioned earlier happened about a year back, so I don't know what the lawyers think about it as of today. I would suggest that you contact a competent immigration attorney and get this sorted out. They'll be able to guide you the best. Yes, the worst that could happen if she doesn't submit an employment letter with the 485 is that they might return the 485 as incomplete or contact her for an employment letter up front, but that is unlikely in my opinion. It is better to file the 485 with as much information as possible. If too many items are missing or incomplete they might be more inclined to reject it up front. Anyway, you get the gist. Best of Luck.
 
You said that your niece got laid-off last week. Did she actually left that very day or did she get her two-week notice last week?
Also, could she take vacation days to extend the official length of employement? Will she still receive pay checks for the last days worked and for vacation days earned?

Also, for AC21 it doesn't matter so much if you were with the company for 180+ days - it matters that the INS took more than 180 days to work on your application.
 
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