Being laid off today, what should I do now to keep status?

Q

q123h

Registered Users (C)
Hi, Guys,

I filed my i-485 180 days ago, and today I was laid off. What should I do to keep status? Will the employer automatically cancel my H-1 visa and notify the INS about this? Or should I ask them not to notify the INS about this? The employer is kind of negotiable, but I just don\'t know what should I do now? Please help, gurus.
 
If you have completed 180 days

I guess, You are fine. But you need an employment and I think it is not good to apply for Unemployment insurance. It might jepordise the 485 process. If you have any friends etc who own a company, they can give you a letter of employment. I think even a future job letter is fine. Hopefully things work out for you. Good luck.
 
Same exact Situation but applied for Unemployment

My a lawyer enouraged me to apply for Unemployment because it is not related to the government; it\'s private and just supported by the government. So there is no adverse effect if you apply for Unemployment get 70% of your salary.
 
No Title

Thanks guys for the information.

Cligman, did your former employer informed the INS about the job termination? Have you ever talked with them about this?
 
I talked to my former employer

I told them not to inform INS of my termination and they agreed.

But I received an interview notice 1 week after termination. So now I am wondering how INS found out. But some say, INS selects cases for interview by random and not based on country of origin.

If you can\'t find a job, then please do something that will increase your employments chances: Taking Certificate Programs/courses, attending college, doing voluntary work, designing web sites, opening a small company in he same field.

Just don\'t go to the interview empty handed. Of course, finding a job or a proof of future employment in the same field is the best thing. But with today’s market, I am attending college in the same field, obtained an excellent federal financial aid, and Unemployment insurance.

Any questions, let me know.

Good Luck
 
Hi cligman, Pl. help

Hi Cligman,

My friend has situation like
485 filed for 2 months. On bench now, no salary and no payslip.
Will it create any problem in 485 processing?
Is it advisable to take some course in the related field to saw that he is updating the skills??

Appriciate your help.
 
Letter from Company

Can anybody suggest what all should we ask the company to provide before they layoff anybody. I am also going to be laid off next week.
Its almost 8 months since I filed by I-485.
I know we can ask for a letter for future employement. Can anybody tell me where can I find the format for such letter. Please I need it
desperately......
Anything else I can ask my company. ....
Please suggest.
 
No Title

I filed my i-485 180 days ago, and today I was laid off. What should I do to keep status?
Find a job in same or similar profession,

Will the employer automatically cancel my H-1 visa and notify the INS about this?
Up to your employer, employer has no obligation under existing law to inform INS about the termination. H1-b is not relevant in this matter. H1-b automatically terminates when employment relation cease to exist.

Or should I ask them not to notify the INS about this?
It is favorable to you not informing the INS. Empolyer do not have to volunteer informaiton.

The employer is kind of negotiable, but I just don\'t know what should I do now? Please help, gurus.
My personal opinion, if you find a job in same or similar profession, you are OK. If you do not want INS know, do not claim Unemployment benefits. If my memory is correct, search www.immigration-law.com for unemployment benefits discussion
 
vscwaiter100, thanks so much for your valuable information.

vscwaiter100, thanks so much for your valuable information. I appreciate it. So according to what you are saying, INS will know about the termination only if I claim the unemployment benifits, but the employer may or may not notify the INS. Is that legal that I ask them not to let the INS know? Actually I turned down that when my employer said I could claim the unemployment benefits.
 
If you can\'t find a job

Taking courses is only my idea. But the law says you have to find a similar job. However, I think taking courses in the same field shows your intention to work in the same areas in which your I-140 was filed.

My lawyer says there is no effect but at the I-485 interview youcan have soemthing to argue about and have a longer grace period to find a job.
 
Unemployment and Green Card are 2 seperate things

If you go to http://www.edd.cahwnet.gov/uimer.htm and read about eligibility, you will find that if you have an I-485 pending, then you are eligible.

However, while on Unemploymnet try your best to find a similar job ASAP. When you find a job, then you won\'t have any problems with the I-485. Otherwise, you might be considered a public charge. I said "might". It is not a fact, only somebody on this board suggested so. I personally, do not see anything wrong in making use of the law and obtain the Unemployment you are eligible for. If you have an interview (usually takes 5 months from notice date), then it would be OK to go for unemployment for 4 months and at the last month start working in the same area. You should be fine as long as you have a job just before the interview. I am not suggesting to stop seeking employment any time. My lawyer told me to focus on finding a job all the time, it doesn\'t even have to be full time job.
 
cligman

can you let me know where you got the best eductional loan?
I am also getting laid of shortly.

Jay
 
well I got it

No, I have gotten approved for a great loan for grad school. If you read carefully the instructions, your notice that you qualify as an ELIGIBLE NON CITIZEN. I also asked my lawyer and she she agrees.

Goo luck
 
Thanks Cligman, I really appriciate your reply. pl. give some kind of focus on ..

Will there be any problem if I am on bench without payslips while my 485 is processing
 
fafsa loan

Hi, I\'m waiting for my interview for permanent residence. I also would like to apply for the FAFSA loan. Were you in between the "immigrant to GC" process, that is, were you still waiting for an interview to get your passport stamped and did you have a I-668 at the time (a conditional residence card) when you applied for the FASFA and if so how did you get the I-668?
 
I am not approved yet

The interview is only to verify that I have a similar job to deny/approve my I-483 application. I did not reach the phase you are talking about.
 
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