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?
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Aftermath of GC rejection -The most possible scenario in the near future - Gurus please comment
- Thread starter kotuv
- Start date
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If you file 485 you are always on status until the case is decided. To work for other company you need either H1 or EAD. Don\'t You will be ok all you need to do is get job immeidately and start working.
Ins doesn\'t reject cases immediately they will issue RFE and if they are not satisfied they will call for interview
If you file 485 you are always on status until the case is decided. To work for other company you need either H1 or EAD. Don\'t You will be ok all you need to do is get job immeidately and start working.
Ins doesn\'t reject cases immediately they will issue RFE and if they are not satisfied they will call for interview
No Title
I thought about this for a little bit myself. I was not able to find lots of information, so corrections/comments from real gurus are warmly welcomed.
1. On one side it may be possible to rely on the EAD, unless it is cancelled automatically. Then you would have quite a little bit of time either to prepare or to look for another job.
2. It seems like you should be able to restart the GC with the new company. You may have to restart at the LC step. Also 245(i) should increase your chances of finding a legal loophole. As long as you have a real job you stand a good chance of finding a way out.
3. Another option for some of the applicants is to fall back to H4 or other similar visas. If you did not do anything wrong in the US it seems unlikely that the INS will deny you this option.
4. An even smaller percentage of people may have the option of a marriage with an US citizen. Familly based applications are scrutinized really closely by the US. IMO only bona fide marriages stand a chance of being approved, specially in this circumstances.
If everything else fails, you may be able to appeal a decision of the INS in front of some special immigration court. Of course that will be very expensive and if you have no hope of winning it is probably better to save the money for a new start in life.
Should this fail too, the INS will ask you to choose between departing the country voluntarily or being deported. There is then some negotiation going on and you will get a certain time to prepare for the departure. I would imagine this time being at least one month, but this is just a guess.
While being denied the green card is certainly a very bad event, it is not the end of the world. I know that \'worst thing can happen\' is a pitiful consolation, however nowadays worst things do happen a lot more frequently than one would like :-(
Philosophical arguments left aside, the global/US economy will rebound at some point. With the experience we gained in the US we will be in a good position to come back, if we are unfortunate enough to be denied the application at this time.
Comments welcome!
I thought about this for a little bit myself. I was not able to find lots of information, so corrections/comments from real gurus are warmly welcomed.
1. On one side it may be possible to rely on the EAD, unless it is cancelled automatically. Then you would have quite a little bit of time either to prepare or to look for another job.
2. It seems like you should be able to restart the GC with the new company. You may have to restart at the LC step. Also 245(i) should increase your chances of finding a legal loophole. As long as you have a real job you stand a good chance of finding a way out.
3. Another option for some of the applicants is to fall back to H4 or other similar visas. If you did not do anything wrong in the US it seems unlikely that the INS will deny you this option.
4. An even smaller percentage of people may have the option of a marriage with an US citizen. Familly based applications are scrutinized really closely by the US. IMO only bona fide marriages stand a chance of being approved, specially in this circumstances.
If everything else fails, you may be able to appeal a decision of the INS in front of some special immigration court. Of course that will be very expensive and if you have no hope of winning it is probably better to save the money for a new start in life.
Should this fail too, the INS will ask you to choose between departing the country voluntarily or being deported. There is then some negotiation going on and you will get a certain time to prepare for the departure. I would imagine this time being at least one month, but this is just a guess.
While being denied the green card is certainly a very bad event, it is not the end of the world. I know that \'worst thing can happen\' is a pitiful consolation, however nowadays worst things do happen a lot more frequently than one would like :-(
Philosophical arguments left aside, the global/US economy will rebound at some point. With the experience we gained in the US we will be in a good position to come back, if we are unfortunate enough to be denied the application at this time.
Comments welcome!