485 Pending More than 180 days - Laidoff - Help!!

S

sushilkumar

Registered Users (C)
My 485 ND is June 4, 2004 NSC. My I-140 is approved. I have just been laid off. Couple of questions to the gurus here:

1) How many days do I have to find a new employer and start work before going out of status and having my GC process effected?
2) My last day of service at my employer was March 25. However, my employment ends on June 24th. My lawyer told me that the last day of service and not employment is what is relevant from an immigration perspective. Is that correct?

Thanks!
 
1) Have you looked at the AC21 subforum? (Also, what is the likelihood that your current employer will withdraw your I-140?)
2) Sounds like your lawyer is correct. We are often asked to provide paystubs as additional evidence to prove our employment. And so, even if your official employment ends on a later date, you cannot really provide paystubs for April, May & June.. Therefore your employment period, from an immigration perspective, ended on March 25.
 
1) I am just sending the form AC21 today in fact. I have found a new employer so that should work fine. My current employer should not revoke the I-140 but you never know

2) Thanks for your advice on the employment date from an immigration perpective.
 
I would suggest do not send AC21 letter that may pose a threat at a later date. Because gap in employment for more than 60 days, considered to be out of status, so it is advisable not to use it until and unless INS issued a RFE. If you send them AC21 letter, the chances of getting RFE is about 95% otherwise it is 15 - 20%. Better ask your attorney before making this crucial descision. I was also in same boat in year 2002. It works well for me.
 
Thank you for your advise. Here is my case. I got laid off on Friday but I have found a new employer where I started on Monday. So I wasn't out of work for a single day basically. Do you suggest I notify INS of the employer change through AC21 or do you recommend waiting for them to ask me for it?
 
Just wait and if they ask for it then show. But please keep all the records with you, means paystub etc. Also ask the new employer to put the same title and job duties as in your approved 140. I guess you will be ok.
 
You are so helpful. Thank you.

I need to clarify my previous post. I have a new job offer which I got on Monday and I have accepted it but I have not started it till now (I think I gave the impression in my last post that I have already started working). Now how many days can I wait before starting work (I want to see if some better job opportunity comes up in the next few days). Also if you were out of even 1 working day, does that screw things up? (i.e. do I request the employer show that I started work on Monday?)
 
Im my case y lawyer suggested to wait until they asked for the information.
They never did and I got approved, I specifically asked my attorney if we should notify USCIS of the change of emplyment, he said no and all worked out pretty good. I do not know what is his reasoning to not notify the USCIS.
 
You must log in or register to reply here.
Top