Please advise Company Going out of business!

S

snoop dawg

Registered Users (C)
I have filed for AOS, AP and EAD almost 2 months back.

I-485
RD 03/09/01
ND 04/01/01
Same for AOS and EAD.

Current employer might go out of business in June or latest in July.
a. What should be my exit strategy without losing AOS processing.
b. Can I switch before 180 days with EAD.
c. is it in my favor if I get laid off or company goes out of business?
d. Is there any new laws coming out to address this kind of situation from INS?

Guys please advise, your feedback is really appreciated.

snoop
 
No Title

You top priority is to look for a new job. Although CSC approves 485 within 4 - 6 months, you can\'t count on not getting an REF right around the time your company is closing. Since you have not done your FP, if your company goes under, CSC usually will find out. However, you can try your luck and do nothing, hoping CSC will miss it.

You can use your EAD to find another job immediately, and later apply for H1 if necessary, i.e. you get caught.

If the company goes under, CSC usually find out. If you just get laid off, CSC won\'t without an RFE.

I also don\'t think you can count on 180 day rule since you have to be employed at least until September. Even 180 day rule is murky since there is no interpretation yet.
 
No Title

As long as INS does not ask for RFE, then I don\'t think they\'ll find out. The did not ask for RFE from my company and I got my I-485 approved. From the time we submited my I-485 until approval, INS never called our company to verify if I was employed or not. Of course I\'m assuming they do the same for everyone else. But if they do call and find out you are loosing your job, then that\'s a different story. Contact a lawyer and ask him/her what they think. I would just wait and see.

Now, here is what I would do if I were you. I would stay at my current job until the last possible date hoping to get approval before getting laid off. But do go job hunting and have a plan B. If you don\'t get approved by the last day, you should have another job ready to move into. This way, if they ask for RFE, then you can simply say that you got laid off and file for a new H1b and I-140. What I suggested is risky. So you should talk to a lawyer and see what he says.

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