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I love the sound of that. Getting laid off during the first 180 days is not the end of the TN world :) Actually somebody told me in case of a layoff, I should withdraw the 485 myself before CIS issues NOID due to a withdrawn 140. A denial of AOS wipes off your current status and you'll have to...

Nelsona, I don't know why you keep bringing up AC21 in this thread. We talked about it extensively in another thread. When I wrote the other thread, I was exploring all possible future solutions post-485 in case I get laid off. Now let's focus on the problem at hand which is my employer is...

Let's not get sidetracked. This post and thread is not about AC21. We know AC21 is when I-485 is filed. This thread is about an approved I-140 with a current PD but no filed I-485. Currently my employer is holding my 485 as hostage. I-140 was approved a month ago. And they won't even let me hire...

I don't see anything in curiousgeorge's post regarding this. He actually says: "After your I-140 is approved, verify that your priority date is current, and make sure that you have at least 6 months left on your TN, preferably 10 months. If so, proceed to step 4. If not, apply for a new TN now...

As for AC21, here is what USCIS has said back in 2005: "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days? Answer: No. The...

The key phrase in this scenario is a "current priority date". So let's leave out EB categories that are not current in this thread to avoid confusing people. EB2 ROW, for example, is always current. Basically what this says is if you have an approved I-140 and you are EB2 ROW, you may have...

With all due respect to all the experts on this forum, the following website says an approved I-140 with a current priority date can trigger immigrant intent. I've also met a lawyer who told me I would have a hard time getting a new TN for a new employer because I have a hot right out of oven...

Has anyone on this forum applied for TN while having an unsuccessful I-485 in their past? For example, you got laid off before satisfying AC-21 and had to go back to Canada and later on you tried to get a TN. Please share your experience at the border and how long after the failed I-485 you...

Thanks nelsona! That's what I figured too regardless what these lawyers say that it needs to be withdrawn. I think you remember my case from a while ago in another thread. So the same employer and lawyer who didn't want to file I-140 first and then I-485 months later (after the merger) are now...

Here's my story: I am on TN. My employer filed for I-140 and it got approved quickly with premium processing. However when it came to I-485, the company lawyer is asking for some extra fees that are not covered by what my employer has already paid them. My employer won't pay those additional...

Read my ongoing thread about getting laid off during GC process: http://forums.immigration.com/threads/acquisition-merger-impact-on-tn-and-gc-need-advice.327327/ Basically it depends on in what exact phase of the GC process you lose your job. If I-485 has been pending more than 180 days, you...

Thanks nelsona for the clarification. Still it doesn't make sense to me why they don't want me to be between filing I-140 and getting EAD for too long. It seems like they think CIS might revoke my TN during this time period. They are not giving me a darn good reason at all. All I hear is that...

Ok, my boss got involved and talked to HR. They are now assuring me I-140 won't be withdrawn in case of layoffs due to the merger; and we will be on the payroll for an additional 60 days (required by labor laws for acquisitions and mergers) during layoffs which will buy me time to satisfy 180...

Well they were ready to file I-140/I-485 at the same time. However, laying me off during the first 180 days of 485 remains a big concern. To me, it sounds like the lawyer just wants to make money as quickly as possible before the newly merged company takes over along with a different law firm...

It still beats me why they won't do I-140 first and wait for the merger deal to close and then apply for I-485!! How in the world am I being unreasonable? There is something fishy about this.

Ok here is the update: no soup (GC) for me!! :(:) The HR called and told me they won't do I-140 by itself and I-485 later. She is still arguing with me that I-140 is immigrant intent and they'd be violating my current TN status. The argument is just ridiculous. She is saying the employer would...

What makes me angry is all the speech their lawyer gave me: "oh don't worry if you get laid off, you will use AC-21!". And then he says: "oh I don't know if the newly merged company will withdraw the I-140". All his AC-21 talk was nothing but a sales pitch just like a used car salesman :mad:

I am thinking of proposing a compromise to their lawyer: He can file I-140 but hold on to I-485 until the merger deal closes. And since he is not comfortable with me traveling to Canada after filing I-140, I'll cancel all my trips until I-485 is filed after the merger. This way we will meet half...

I think at the time of the layoff, I'd already be on EAD. The earliest the layoff could happen would be in January '16.

Yes nelsona, you are absolutely right. That is the bottomline. And I just got a reply from the lawyer that they cannot answer that because they don't know who will be making that decision in the newly merged company. Now I am really uncomfortable proceeding with 485 at this point. Here is the...