180-day rule
- Thread starter osc
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prasad_mrp
New Member
You can try this
Try talking to your HR and convince them to keep your AOS application alive. And find a job elsewhere in the \'similiar\' field. If the 180 days pass and the application is still in process, you are in luck and you can continue the process and eventually become a PR.And most importantly talk to a lawyer. Here whatever opinions I post is based on my experince. It always good to talk to an attorney in these situations. You might end up spending a bit. But atleast it clears the confusion.
I am not an attorney. Please don\'t take any decisions based on my suggestions.
GOODLUCK
Prasad
Try talking to your HR and convince them to keep your AOS application alive. And find a job elsewhere in the \'similiar\' field. If the 180 days pass and the application is still in process, you are in luck and you can continue the process and eventually become a PR.And most importantly talk to a lawyer. Here whatever opinions I post is based on my experince. It always good to talk to an attorney in these situations. You might end up spending a bit. But atleast it clears the confusion.
I am not an attorney. Please don\'t take any decisions based on my suggestions.
GOODLUCK
Prasad
No Title
Yu, if you are almost certain that you may be laid off and talking to HR does not help, start another job using EAD in similar field so that even if there is an RFE or interview, you are OK. This RFE or interview if it happens should preferably happen after 180 days of 485 filing for you to invoke AC-21. Make sure you get a good letter from the HR before you leave that it was the economic circumstances and nothing personal for you to have been laid off. This is the worst case scenario.
Under the best case scenario, there may be no RFE or interview and you will continue to do fine with your new job.
Good luck.
Yu, if you are almost certain that you may be laid off and talking to HR does not help, start another job using EAD in similar field so that even if there is an RFE or interview, you are OK. This RFE or interview if it happens should preferably happen after 180 days of 485 filing for you to invoke AC-21. Make sure you get a good letter from the HR before you leave that it was the economic circumstances and nothing personal for you to have been laid off. This is the worst case scenario.
Under the best case scenario, there may be no RFE or interview and you will continue to do fine with your new job.
Good luck.
NO
I do not think that is advisable.. as they can say that you left them.. i would say.. let then terminate you and then in future if ins asks for any RFE you can show them that you were terminated by your employer and then there was no other choice than finding another job.
Ofcourse this is my openion.. get a lawyers advice.. or there are many GURUS onthis site.
best of luck
I do not think that is advisable.. as they can say that you left them.. i would say.. let then terminate you and then in future if ins asks for any RFE you can show them that you were terminated by your employer and then there was no other choice than finding another job.
Ofcourse this is my openion.. get a lawyers advice.. or there are many GURUS onthis site.
best of luck
Yo-Reply
First of all let me tell you something. In case you are terminated by your employer then that will and can affect your employer\'s ability to bring more guys on H1 and future Labor Certifications because every time your employer files a new application this question will be asked as to when he cannot maintain his current employees then how does he justify fresh Labor Certifications and GCs, H1s, etc. This is a fact.
You should find a new employer and start working on your EAD with the new employer and I don\'t think it matters whether you resign or they lay you off as long as your case remains unadjudicated for more than 180 days.
I will suggest that you go to murthy.com and read a very good article on AC21 interpretation in which she has suggested solution for your kind of case.
all the Best
First of all let me tell you something. In case you are terminated by your employer then that will and can affect your employer\'s ability to bring more guys on H1 and future Labor Certifications because every time your employer files a new application this question will be asked as to when he cannot maintain his current employees then how does he justify fresh Labor Certifications and GCs, H1s, etc. This is a fact.
You should find a new employer and start working on your EAD with the new employer and I don\'t think it matters whether you resign or they lay you off as long as your case remains unadjudicated for more than 180 days.
I will suggest that you go to murthy.com and read a very good article on AC21 interpretation in which she has suggested solution for your kind of case.
all the Best
layoff before 180 days
I will be laid off within 180 days of I485 pending. The company is severe. As I know, the company is talking to its attorney if it is the company responsibilty to report to INS. I used my own attorney to file the I140 (EB1-OS). She is not the company\'s attorney. I filed I485 by myself. My questions are:
1. Can I use the EAD to work for others if the company reports my layoff to INS?
2. Because my H1b visa will expire soon and I cannot go renew anytime, Can I apply for O-visa during the period of EAD working?
3. Any advice how I can go through this situation?
I will be laid off within 180 days of I485 pending. The company is severe. As I know, the company is talking to its attorney if it is the company responsibilty to report to INS. I used my own attorney to file the I140 (EB1-OS). She is not the company\'s attorney. I filed I485 by myself. My questions are:
1. Can I use the EAD to work for others if the company reports my layoff to INS?
2. Because my H1b visa will expire soon and I cannot go renew anytime, Can I apply for O-visa during the period of EAD working?
3. Any advice how I can go through this situation?
Do not worry.
Here are the answers to your questions:
1. Can I use the EAD to work for others if the company reports my layoff to INS?
YES. You MUST have EAD to work for other employer(s) when your I-485 application is pending.
2. Because my H1b visa will expire soon and I cannot renew anytime, Can I apply for O-visa during the period of EAD working?
No need to apply for O visa as you are in valid "adjustment applicant status". Just file for your EAD and start looking for work. You can start working on the new after EAD approval.
3. Any advice how I can go through this situation?
I don\'t think that there is anything to worry about. Just look for new job in same or similar occupation with SAME job resonsibilites.
In case of employment RFE, send a letter from your new employer stating your job title, job desc, salary, and job location. This letter must state that this is a permanent, full time job.
I wish you best of luck.
* Use the info at your risk. I am NOT a lawyer *
Here are the answers to your questions:
1. Can I use the EAD to work for others if the company reports my layoff to INS?
YES. You MUST have EAD to work for other employer(s) when your I-485 application is pending.
2. Because my H1b visa will expire soon and I cannot renew anytime, Can I apply for O-visa during the period of EAD working?
No need to apply for O visa as you are in valid "adjustment applicant status". Just file for your EAD and start looking for work. You can start working on the new after EAD approval.
3. Any advice how I can go through this situation?
I don\'t think that there is anything to worry about. Just look for new job in same or similar occupation with SAME job resonsibilites.
In case of employment RFE, send a letter from your new employer stating your job title, job desc, salary, and job location. This letter must state that this is a permanent, full time job.
I wish you best of luck.
* Use the info at your risk. I am NOT a lawyer *
Thanks from Yu
I have an EAD with me now (5/15/02-5/26/03). I worry the company inform the INS and there is a record that I left the sponsor I140 within 180 days. Even if INS adjudicate my case after 180 days. Then I may fail to get the greencard.
So I think to apply for an O-visa for three years. Go over the process again.
If anyone has such an experience and his/er lawyer did a great job, please provide me the lawyer\'s contact info. My email address: osc_01@yahoo.com
Thanks.
I have an EAD with me now (5/15/02-5/26/03). I worry the company inform the INS and there is a record that I left the sponsor I140 within 180 days. Even if INS adjudicate my case after 180 days. Then I may fail to get the greencard.
So I think to apply for an O-visa for three years. Go over the process again.
If anyone has such an experience and his/er lawyer did a great job, please provide me the lawyer\'s contact info. My email address: osc_01@yahoo.com
Thanks.
How to answer this?
Because I will layoff in four weeks. I cannot work for the sponsor over 180 days. Recently, I talked to my friend who corssed 180 days and switched the job. He received a RFE --- when you changed the employer? He answered the truth. In my case, if I receive such a RFE 180 days later, how can I answer this question? If answer truthfully, is there any problem to AC21?
Because I will layoff in four weeks. I cannot work for the sponsor over 180 days. Recently, I talked to my friend who corssed 180 days and switched the job. He received a RFE --- when you changed the employer? He answered the truth. In my case, if I receive such a RFE 180 days later, how can I answer this question? If answer truthfully, is there any problem to AC21?
Change of Jobs while AOS pending: Please Help
Hi All
I am in the very lst stage of his GC (I-485 w/ FP done on April). Due to some serious restructuring the company, my scope of work has been curtailed to suit the current economic situation. Although I have not been laid off, I have offers from other firms and am contemplating a change in jobs. My 180 days of filing I-485 will be over in the next week and I am wondering if such a change in jobs might throw my AOS application in jeopardy. The job description and the salary for my future job will be a carbon copy of that listed in the LCA. Please remember that this is not layoff but a resignation. Hence, INS could raise a flag about that "intent for indefinite employment with the I-140 sponsor" clause. Any help in this matter will be greatly appreciated. Thanks in advance.
Hi All
I am in the very lst stage of his GC (I-485 w/ FP done on April). Due to some serious restructuring the company, my scope of work has been curtailed to suit the current economic situation. Although I have not been laid off, I have offers from other firms and am contemplating a change in jobs. My 180 days of filing I-485 will be over in the next week and I am wondering if such a change in jobs might throw my AOS application in jeopardy. The job description and the salary for my future job will be a carbon copy of that listed in the LCA. Please remember that this is not layoff but a resignation. Hence, INS could raise a flag about that "intent for indefinite employment with the I-140 sponsor" clause. Any help in this matter will be greatly appreciated. Thanks in advance.
nologic Algo
Registered Users (C)
You are Insane !!! Total stupid to post this kind trash on this board.
Go read some good news papers, Magazines, articles from good writes instead of just hearing fanatic religious leaders most of them are not aware of whats going on in this world.
Go read some good news papers, Magazines, articles from good writes instead of just hearing fanatic religious leaders most of them are not aware of whats going on in this world.
thunder_1911
Registered Users (C)
Take their advices
Notifying INS about your leaving the company doesn\'t mean the employer withdraws I-140. Instead, it is mandatory that employer should inform INS of job termination of H-1B workers. So you need to make sure if they will or will not withdraw I140. Don\'t worry about withdrawing H1
Notifying INS about your leaving the company doesn\'t mean the employer withdraws I-140. Instead, it is mandatory that employer should inform INS of job termination of H-1B workers. So you need to make sure if they will or will not withdraw I140. Don\'t worry about withdrawing H1
gmedapuram
Registered Users (C)
Take care about salary. Important
If you get laid off, and AOS is alive, you find another job what ever you do at that job but in your "Offer Letter" is should be same / similar (preferably SAME) as in the labor.
For every job there is something called "Prevailing wage" determained by SESA / Local Labor department. So find out from your attorney, what was the prevailing wage for your job described in your labor certification.
See my case:
After a lay off ( I just got Labor approved), to sustain the green card process, i stayed in the same corporation but in a diffrent group. But they offered me 10K less than my previous salary. Without knowing much concequences, I accepted and continued the job. But now (at I485 stage) I got an RFE for employment verification. FORTUNATELY, the present salary is 4K more than the "Prevailing wage". so I "Bachgaya", escaped
I hope you understood. Point is, if your salary is more than "Prevailing wage" then you are Ok. Becuase that\'s what (minimum) employer is going to pay you once you get GC.
GOOD LUCK. Don\'t worry much. Everything is going to be alright. DO things RIGHT, Luck will be with you !!
If you get laid off, and AOS is alive, you find another job what ever you do at that job but in your "Offer Letter" is should be same / similar (preferably SAME) as in the labor.
For every job there is something called "Prevailing wage" determained by SESA / Local Labor department. So find out from your attorney, what was the prevailing wage for your job described in your labor certification.
See my case:
After a lay off ( I just got Labor approved), to sustain the green card process, i stayed in the same corporation but in a diffrent group. But they offered me 10K less than my previous salary. Without knowing much concequences, I accepted and continued the job. But now (at I485 stage) I got an RFE for employment verification. FORTUNATELY, the present salary is 4K more than the "Prevailing wage". so I "Bachgaya", escaped
I hope you understood. Point is, if your salary is more than "Prevailing wage" then you are Ok. Becuase that\'s what (minimum) employer is going to pay you once you get GC.
GOOD LUCK. Don\'t worry much. Everything is going to be alright. DO things RIGHT, Luck will be with you !!
Gheewalabhai
Registered Users (C)
how Yu should answer this?
Gheewalabhai
Registered Users (C)
i think you are ok after 180 days.