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bankruptcy and 180 rules
- Thread starter caryz
- Start date
Yes, you can, only if your company is bankrupt after your 180 days
If your company goes bankrupt before 180 days, you will join the unluckiest in green card process. GC is for future job, if there is no job in the future in this company, how can you continue with your 485? That is my opinion.
If your company goes bankrupt before 180 days, you will join the unluckiest in green card process. GC is for future job, if there is no job in the future in this company, how can you continue with your 485? That is my opinion.
who told this? your lawyer?
I do not agree with this. If you refer to Murthy\'s site about AC-21 portability, the INS guy Hernandez said that if i140 application is withdrawn before 180 days and case adjudicated after 180 days, still 485 is alive. Means if i140 is withdrawn is like the person is never going to be employed by that sponsering company right?, which is a case simillar to company going bankruptcy where the person cannot work for the company anymore. I think in any case ,if case being adjudicated after 180 days has good chances of safe 485 approval.And What If company goes bankruptcy after 180 days, then why should that guy be approved on same grounds that company does not exist??.
I do not agree with this. If you refer to Murthy\'s site about AC-21 portability, the INS guy Hernandez said that if i140 application is withdrawn before 180 days and case adjudicated after 180 days, still 485 is alive. Means if i140 is withdrawn is like the person is never going to be employed by that sponsering company right?, which is a case simillar to company going bankruptcy where the person cannot work for the company anymore. I think in any case ,if case being adjudicated after 180 days has good chances of safe 485 approval.And What If company goes bankruptcy after 180 days, then why should that guy be approved on same grounds that company does not exist??.
I certainly wish everyone in green card process the best...
But the reality is that those attorneys have different opinions on AC21. Sheela said this way and Ron said the other way. How do you know which one is right? Can you hold them accountable for what will happen to your green card if you follow their advice?
But the reality is that those attorneys have different opinions on AC21. Sheela said this way and Ron said the other way. How do you know which one is right? Can you hold them accountable for what will happen to your green card if you follow their advice?
Thanks, guys
So, it does not matter after 180.
One more question, can I change the job on my will or I can't change it unless I am laid off or the company shuts down?
Will the INS say that I don't have the intention to work for the company if I just join other company?
My company is in a bad shape now, I am not sure when I might be on RIF list; if I can join other company on my will, then I will start looking for a job now; otherwise, I have to wait to see my last day there.
BTW, hope INS is count 180 calendar days; otherwise I have to wait another few weeks for 180 working days.
Hope I made it clear to you.
Thank you so much.
God bless everyone in this forum.
So, it does not matter after 180.
One more question, can I change the job on my will or I can't change it unless I am laid off or the company shuts down?
Will the INS say that I don't have the intention to work for the company if I just join other company?
My company is in a bad shape now, I am not sure when I might be on RIF list; if I can join other company on my will, then I will start looking for a job now; otherwise, I have to wait to see my last day there.
BTW, hope INS is count 180 calendar days; otherwise I have to wait another few weeks for 180 working days.
Hope I made it clear to you.
Thank you so much.
God bless everyone in this forum.
Thanks, guys
So, it does not matter after 180. One more question, can I change the job on my will or I can\'t change it unless I am laid off or the company shuts down? Will the INS say that I don\'t have the intention to work for the company if I just join other company? My company is in a bad shape now, I am not sure when I might be on RIF list; if I can join other company on my will, then I will start looking for a job now; otherwise, I have to wait to see my last day there. BTW, hope INS is count 180 calendar days; otherwise I have to wait another few weeks for 180 working days. Hope I made it clear to you. Thank you so much. God bless everyone in this forum.
So, it does not matter after 180. One more question, can I change the job on my will or I can\'t change it unless I am laid off or the company shuts down? Will the INS say that I don\'t have the intention to work for the company if I just join other company? My company is in a bad shape now, I am not sure when I might be on RIF list; if I can join other company on my will, then I will start looking for a job now; otherwise, I have to wait to see my last day there. BTW, hope INS is count 180 calendar days; otherwise I have to wait another few weeks for 180 working days. Hope I made it clear to you. Thank you so much. God bless everyone in this forum.
Your question has lot to do with the AC21 final regulations and unfortuantely they are still hanging. However, to shed some light on the topic here are some points:
So far, there is no written rule about when one should chagne the job AFTER gettign the GC, However, an acceptable time frame used to 180 days. With the AC21, it is confirmed that if 485 is not approved within 180 days, one can change job. The dispute among lawyers is on the word 'chage'. Does change mean there was an existing job and it has been changed? If that is the case, argues some, GC is for the future job, how can you tie an exisitng job with the future one? Na that is where the AC21 game begins. It will end only when INS comes out with some clarifications.
Now, in the case of changing job before 180 days expecting the co. will go bankrupt is a little risky. However, if it already has gone bankrupt, it's a differnt case! If you change before 180 days, and your 485 is adjudicated after 180 days, all you can use is AC21. Since it is not clear - it is a chance.
The best action in this scenario is to wait for AC21 clarified and keep finding other job in case of lay-off.
180 days count: It is counted as calendar days. The geneal rule is whenever it is less than a month, the days will be counted as business/working days and if it is a long time frame, they are calendar days.
All the best,
So far, there is no written rule about when one should chagne the job AFTER gettign the GC, However, an acceptable time frame used to 180 days. With the AC21, it is confirmed that if 485 is not approved within 180 days, one can change job. The dispute among lawyers is on the word 'chage'. Does change mean there was an existing job and it has been changed? If that is the case, argues some, GC is for the future job, how can you tie an exisitng job with the future one? Na that is where the AC21 game begins. It will end only when INS comes out with some clarifications.
Now, in the case of changing job before 180 days expecting the co. will go bankrupt is a little risky. However, if it already has gone bankrupt, it's a differnt case! If you change before 180 days, and your 485 is adjudicated after 180 days, all you can use is AC21. Since it is not clear - it is a chance.
The best action in this scenario is to wait for AC21 clarified and keep finding other job in case of lay-off.
180 days count: It is counted as calendar days. The geneal rule is whenever it is less than a month, the days will be counted as business/working days and if it is a long time frame, they are calendar days.
All the best,
180 days and change
Your question has lot to do with the AC21 final regulations and unfortuantely they are still hanging. However, to shed some light on the topic here are some points: So far, there is no written rule about when one should chagne the job AFTER gettign the GC, However, an acceptable time frame used to 180 days. With the AC21, it is confirmed that if 485 is not approved within 180 days, one can change job. The dispute among lawyers is on the word \'chage\'. Does change mean there was an existing job and it has been changed? If that is the case, argues some, GC is for the future job, how can you tie an exisitng job with the future one? Na that is where the AC21 game begins. It will end only when INS comes out with some clarifications. Now, in the case of changing job before 180 days expecting the co. will go bankrupt is a little risky. However, if it already has gone bankrupt, it\'s a differnt case! If you change before 180 days, and your 485 is adjudicated after 180 days, all you can use is AC21. Since it is not clear - it is a chance. The best action in this scenario is to wait for AC21 clarified and keep finding other job in case of lay-off. 180 days count: It is counted as calendar days. The geneal rule is whenever it is less than a month, the days will be counted as business/working days and if it is a long time frame, they are calendar days. All the best,
Your question has lot to do with the AC21 final regulations and unfortuantely they are still hanging. However, to shed some light on the topic here are some points: So far, there is no written rule about when one should chagne the job AFTER gettign the GC, However, an acceptable time frame used to 180 days. With the AC21, it is confirmed that if 485 is not approved within 180 days, one can change job. The dispute among lawyers is on the word \'chage\'. Does change mean there was an existing job and it has been changed? If that is the case, argues some, GC is for the future job, how can you tie an exisitng job with the future one? Na that is where the AC21 game begins. It will end only when INS comes out with some clarifications. Now, in the case of changing job before 180 days expecting the co. will go bankrupt is a little risky. However, if it already has gone bankrupt, it\'s a differnt case! If you change before 180 days, and your 485 is adjudicated after 180 days, all you can use is AC21. Since it is not clear - it is a chance. The best action in this scenario is to wait for AC21 clarified and keep finding other job in case of lay-off. 180 days count: It is counted as calendar days. The geneal rule is whenever it is less than a month, the days will be counted as business/working days and if it is a long time frame, they are calendar days. All the best,
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