485 application questions

T

tintin toon

New Member
Hello,
 
I am just about to file my 485 application with INS California center.
The priority date for my application is current.

Unfortunately, the company that sponsored me hasn\'t been doing that great
and I fear layoffs that could affect me. I know that I am supposed to be
working with the company that sponsored me at the time of the I-485
approval, so I wonder:

* What happens if I lose my job before the I-485 approval? Will the company
just ask the INS to cancel my petition and I\'ll have to leave the country?

* Can the company decide not to cancel my petition and what is my status then if I leave this company. Can I work for someone else while my 485 is being processed

* How long after the I-485 approval must I remain with the company so that
the INS won\'t get upset? What is the 180 day rule ?

* What is my best estimated date for the I-485 approval? California Service Center.

* I still have a valid H1B. Could I do a transfer to another company if
everything else fails?

Thanks for any information,
 
No Title

tintin toon,
I will try my best to answer your querries, however consult legal experts too.
- If you loose your job before AOS approval, then you are treated as H1 holder, in that case you will have 10-15 days to find other job if company informs INS of your termination. People do say you have many more days but I have not seen any legal doc. to support that. Best thing is to avoid to be in this situation. Also try to be in good terms with company, normally companies wont inform INS or cancel your petition right away. Infact after filing of I-485, company do not have much bearing on it unlike I-140 which is its intent to hire you permanently on full time basis. In the event of lay off, you may get severance pay for several weeks (unlike getting fired..), best bet would be to extend your payroll period first by extending severance pay period. One of the methods to extend your severance pay period would be to double the pay period at half of the original pay. So if company gives severance pay for 6 weeks, they can make it to 12 weeks at half of your original pay. Then try to make use of vacation hours earned towards extending your pay period instead of getting paid for it. This way you may be able to buy considerable amount of time, it will be all the more better if 180 days rule comes in effect. If you play your cards well you may never need to leave US.

-It is possible the company may not cancel the petition as it does not cost anything more for them to continue your process unless you burn your bridges eg by threating them to sue for wrongful termination ..etc. You are never out of status when your AOS is pending at INS, neither they can kick you out of the US. You may work for someone else while your AOS is being processed through old company. However you are expected to work for the original company when your I-485 gets approved atleast one day after the approval. Question is how will you provide work authorization to new company unless you have EAD, even then new company will have to fill I-9 form which may create problem with your AOS proceedings. So if you really need a new job before AOS approval, might as well transfer your H1B instead of EAD, either way INS will be informed of your current move. Still If you are lucky, your approval may come through and also succeed in getting Passport stamped. Many times they wont ask anything when you go for passport stamping like when I got mine done. Moreover you could be well within the salary continuation period of old company if they ask for pay stub or send RFE, in my case they did not ask for paystub or send RFE.

-There is no specific no. of days that you have to stick with old company, you are free to go anywhere after approval, however it is better if you stick around till you receive your plastic green card. For 180 day rule read some of threads already posted here.

-God only knows all of your details, however typically it may take somewhere between 4 to 7 months for AOS approval if you file now and the whole process went ahead without a hitch.

-Sure, you can transfer your H1B to other company, thesedays it takes about 1 week to receive the receipt and you can start working right away without waiting for H1 approval and also you priority date will be preserved as earlier one.

Good luck,
``Manny
 
No Title

Could you provide more details like RD, ND, FP, AP etc. ? May be there are other alternatives to your situation specific.
 
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