Mr. Mills/anyone, pls advise on my GC approval situation

GC_122001

Registered Users (C)
Mr. Mills (or anyone)

I would appreciate your insights on my potential problems in the future when applying for my US citizenship.

June 2000 - I485 filed under company A sponsorship.

March 2001 - Company A went bankrupt, and I was transferred to company B after it acquired remaining of company A\'s assets. Attorney from company B filed amended I-140.

Sept 2001 - Company B laid me off and withdrew the amended I-140. At this point I had my EAD.

Mid Oct 2001 - Hired by company C. New attorney filed a certified notice to the INS that I\'m still eligible for I485 approval based on AC21 (i.e. I485 pending more than 180 days and found a new employment under the same classification).

Mid Nov 2001 - Laid off by company C because of the market condition. The reason they laid me off was purely business reasons (i.e. lack of business and work in the wake of 9/11 event) and not because of my visa status at the time. I\'d like to note that they also let go other employees who are US citizens for the same reason. Company C hasn\'t and will not notify the INS about the layoff. To this day has not recovered from the economic slowdown, hence it has no plan to rehire anyone.

Mid Dec 2001 - I485 approved based on AC21, and I immediately got my passport stamped.

Currently, I\'m still looking but haven\'t found a new employment. I want to be US citizen after 5 yrs of continuous residence, but I\'m afraid that INS might revoke my GC if they discover the fact that my GC was approved a month after I got laid off. I understand that it is the intent when applying for GC that matters, and I intended to continue working for company C indefinitely. Being laid off was obviously out my control.

Any advice on this? Should I get a statement of explanation surrounding my layoff from company C to prevent potential problem in the future?
 
Without implementing regulations for AC21 there\'s no way to know for sure how this would be resolve

I\'d recommend you speak to the attorney who handled your I-485. Find another job ASAP and hope. By the time you are raeady to apply for naturlaization, this matter should be resolved buyt there\'s no way to say for sure how at this time.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Let me know

Hi GC_122001,
             Looks like your employer revoked your I-140 and still you got your 485 approval.
Please let me know if its true.
since I am under the similar situation and my previous employer has revoked my 140 and I am awaiting I485 approval.
Thanks
 
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