Aftermath of GC rejection -The most possible scenario in the near future - Gurus please comment

kotuv

Registered Users (C)
If employer is changed before completion of 180 days after submitting I485, one possibility is that GC may finally be rejected. If the candidate is not having H1 also parallely, I guess the stay here becomes illegal. How much time we will have to plan for alternatives like new H1 or to plan for leaving the country. It is not possible to leave the country over night. Right?
 
No Title

Hi,
The rule regarding 180 days, According to Sheela Murty site is as follows:
If you change job before 180, days, your I-140 is not revoked and INS takes more than 180 days to adjucate your case, then you are okay if you have a similar job.
Given that information, just relax, apply for an EAD, get a job and work. In case of an RFE, produce your employ letter and specify your job skills matches with your LCA. You should be fine.
As long as your I-485 is pending, you are legal in status. Not illegal , hence nothing to worry about.
 
Thanks for the kind words

But just wondering and want to be prepared for the worst, whatever it is. The question now is \'what is the worst\'.
 
No Title

You mean "not to get a job", right?

I agree with samUsam. You will be in legal status as long as you have filed for 485. If you are working, then you must have a valid EAD or a valid H1. So if you get laid off, you will be in legal status as long as your 485 is pending. Before, INS takes up your case for adjuication, you should have a job offer letter in same category and pay as your LCA/I-140.

Of course, these are just my thoughts. Talk to a lawyer if you are in this situation. Good luck and have faith!
 
No use

How can you persuade the company? They only think for the benefit of the company, not us.

Besides, 140 is not important any more if you change an employer before 180 days. 140 is not portable. You can only carry the previous PD if you start a new application.
 
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