Ciba abd Experts please help

H

helper007

Registered Users (C)
Guys, I am sure many of you are in the same boat. With the way economy is hitting the tech industry it is becoming difficult to sustain in this market. My company laid off few people today and more layoffs are expected soon, I am not sure I may be one of them.

Now coming to the questions, I have H-1B valid till Nov 2001. My I-485 is pending with INS with a ND date of March 2001. In the event Layoff happens before the I-485 approval, what should I ask my employer to make sure my status remains legal in USA and my GC comes smoothly even though I dont work for them anymore. I have a job already lined up for myself in case anything like that happens and if required I can transfer H-1B papers really fast. Do I need to stay on their payroll, will applying for a long leave help rather than a layoff, what are the otherlines on which I can negotiate.

Guru\'s please help, as I think it is coming soon.

Thanks
 
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Hi helper,

In a situation where company lays you off and your ND
has not passed 180 days, you probably have to start over
again. The good news is that you don\'t need to worry about
your status while in I-485. If your ND has passed 180 days,
try to find a similar type of job to keep your case going. Let\'s
hope that it won\'t happen and you don\'t have to face this
terrible situation.

ciba
 
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Thanks for the response Ciba, but I was wondering that if I tell my company that rather then them laying me off, I will like to apply for a long leave, I think I should be fine and they also serve their purpose of not paying me and cutting the costs. What do you suggest.

Thanks
 
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Hi helper,

First, I want to correct a mistake in my previous message.
The ND should be RD (i.e., 180 days of RD).

Someone asks a similar question on Ron\'s discussion
board. His opinions are that INS is likely to impose a
regulation that requires full-time full-paid employment
during 180 days.

ciba
 
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Is this another immigration.com discussion board? Can you please provide a link to Ron\'s discussion board.

Thanks.
 
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