140 Approved - Expecting layoffs..

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atlantabhopali

Registered Users (C)
Please Advise: 140 Approved - Expecting layoff!

Hi All 485'ers,

My LC was cleared in Aug and I filed for I-140 with CP option at that time. Now, my 140 has been cleared as well in last week of Oct. However, my firm has indicated that I would be laid off anytime between Jan and March. I may or may not be able to get them to extend the timeline by 1-2 months maxx..

In this situation, what is the best way for me to salvage my GC process? Specifically:

1. Can I immediately file for 485 along with EAD and then try to get a new job? Does the new job needs to have same skill requirements or also needs to be in same industry (consulting vs industry)?

2. If I file for 485/EAD immediately and am laid off before 180 days are over, what are my options?

3. When can I expect the EAD to be approved?

4. On getting a new job, will I have to get a new H1 or EAD approval would be enuf??

5. Can I travel immediately after filing 485? My current employer will be more willing to give me a few months of life if I take overseas assignments... However, I would have to act immediately..

Please advise - Hoping to salvage the situation with ur help :(

ab
 
Last edited by a moderator:
1. Can I immediately file for 485 along with EAD and then try to get a new job? Does the new job needs to have same skill requirements or also needs to be in same industry (consulting vs industry)?

------- File immidiatly I-485, EAD, AP Employer is not needed to sign any document, if possible get the copy of I-140 filling reciept or copy of Approved I-140 it may help you later
2. If I file for 485/EAD immediately and am laid off before 180 days are over, what are my options?
No problem, get the new job by H1B transfer or join on EAD

3. When can I expect the EAD to be approved?
-------- Depends on srvice centre, VSC was sending EAD in August Sep in 20-30 days but expext 90 days.
4. On getting a new job, will I have to get a new H1 or EAD approval would be enuf??
---Employer would like to hire you on EAD becase he need not to spend on H1B (Lawyer fees+Ins fees) for you H1B transfer will be better becase if anything bad happens with your current I-485 then being on H1B you still can file other LC, I-140 and I-485

5. Can I travel immediately after filing 485? My current employer will be more willing to give me a few months of life if I take overseas assignments... However, I would have to act immediately..

-----YES, IF H1B visa sticker is still valid use H1B to enter US , apply for AP and keep AP with you, then it is up to you what to use, but if you use EAD with new employer you should enter on AP.

Just be carefull that your current employer calls you back after" overseas assignments" many use the trick to send back and then never call back and they may cancell H1b you know your employer better, if you can get new job remain in US
 
Thanks for the detailed reply. I am filing for 485. However, my concern is that if Employer cancels the 140 after my layoff - what are my chances? They said they would "inform INS" in March..

Please reply

Originally posted by inders99
1. Can I immediately file for 485 along with EAD and then try to get a new job? Does the new job needs to have same skill requirements or also needs to be in same industry (consulting vs industry)?

------- File immidiatly I-485, EAD, AP Employer is not needed to sign any document, if possible get the copy of I-140 filling reciept or copy of Approved I-140 it may help you later
2. If I file for 485/EAD immediately and am laid off before 180 days are over, what are my options?
No problem, get the new job by H1B transfer or join on EAD

3. When can I expect the EAD to be approved?
-------- Depends on srvice centre, VSC was sending EAD in August Sep in 20-30 days but expext 90 days.
4. On getting a new job, will I have to get a new H1 or EAD approval would be enuf??
---Employer would like to hire you on EAD becase he need not to spend on H1B (Lawyer fees+Ins fees) for you H1B transfer will be better becase if anything bad happens with your current I-485 then being on H1B you still can file other LC, I-140 and I-485

5. Can I travel immediately after filing 485? My current employer will be more willing to give me a few months of life if I take overseas assignments... However, I would have to act immediately..

-----YES, IF H1B visa sticker is still valid use H1B to enter US , apply for AP and keep AP with you, then it is up to you what to use, but if you use EAD with new employer you should enter on AP.

Just be carefull that your current employer calls you back after" overseas assignments" many use the trick to send back and then never call back and they may cancell H1b you know your employer better, if you can get new job remain in US
Click to expand...
 
1. Take the risk of filling I-485, EAD, AP
2. Even if your Employer tries to cancell I-140 in March, you dont know when INS is going to revoke I-140, I have read that it is not when your Employer sends letter to INS to revoke I-40, it depends when INS acts on Revoking I-140 if INS does not revoke I-140 for 180 days after filling I-485 then I-140 will remain Valid, take the chance. do you mean that your Employer is going to send letter to revoke I-140 in March? if it is true then the INS is going to recieve the letter from employer to revoke I-140 in March and if you file I-485 Immidiatly then you get about 120 days when they send the letter, I dont think INS will revoke I-140 in 60 days after recieving the letter. you need only I80 after filing I-485 once you hit 180 days no problem.
Home Land Security bill is passed and Senate has to pass this bill in 3-4 days, so much changes are going to be seen in future for INS, I hope that they will not be much concerened about revoking when they have backlog in approvals.

Try get I-40 filing reciept or Approval copy with you from company lawyer or HR of your company along with copy of approved LC and keep it with you.

Good Luck!!
 
Last edited by a moderator:
Originally posted by ginnu
1. Take the risk of filling I-485, EAD, AP
2. Even if your Employer tries to cancell I-140 in March, you dont know when INS is going to revoke I-140, I have read that it is not when your Employer sends letter to INS to revoke I-40, it depends when INS acts on Revoking I-140 if INS does not revoke I-140 for 180 days after filling I-485 then I-140 will remain Valid, take the chance. do you mean that your Employer is going to send letter to revoke I-140 in March? if it is true then the INS is going to recieve the letter from employer to revoke I-140 in March and if you file I-485 Immidiatly then you get about 120 days when they send the letter, I dont think INS will revoke I-140 in 60 days after recieving the letter. you need only I80 after filing I-485 once you hit 180 days no problem.
Home Land Security bill is passed and Senate has to pass this bill in 3-4 days, so much changes are going to be seen in future for INS, I hope that they will not be much concerened about revoking when they have backlog in approvals.

Try get I-40 filing reciept or Approval copy with you from company lawyer or HR of your company along with copy of approved LC and keep it with you.

Good Luck!!
Click to expand...

It is getting worse.. The employer is not willing to part with 140/LC papers and I do not have any receipts from INS.... Do I still have a chance...? Please advise.
 
Change your lawyers by filing a new G-28. By law, all files have to be transferred to your new lawyer.

Good luck!
 
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