Ciba,Debo please respond

P

punyavan

Registered Users (C)
Urgent help required : I485 pending 3 months, got laid off , please help me

I applied for my I 485 in April 2001, with RD 04/04/01 and ND 04/25/01. (EB2 RIR- INDIA CSC)

I was laid off from my company about two weeks back.

Fortunately I got my EAD and got a new job which has the same job description (but a different Title) as in my Labor certification.

Although I joined in my new job using the EAD, the company attorney says I need to apply for H1 and start the green card from the beginning.

My previous company has agreed not to withdraw my application and give my severance pay distributed for two months. Basically I will have pay stubs from my old company for 180 days after filing of my I 485 Receipt date.

Please advise whether I should go again for H1 status and start my green card from the beginning ? Will I still get my green card If I simply do my finger print and wait for the stamping

If the INS asks for RFE should I provide the pay stubs from old company or from the new company ?

Please help with your valued answers.
Your answers would be highly appreciated
 
No Title

Law clearly says after 180 days u can change jobs with same description in LC. Since u completed only 3 months you cannot take refuge of this law..but since your old company has agreed to keep u on payroll for another few days to complete 180 days then you are safe if u get RFE for pays stubs. But if INS finds out that u were actually employed by another company then u would be in big trouble..checking with multiple lawyers would help you arrive at a decision....spend some money and time with another lawyer and see what he says...and sorry to hear about ur layoff...if u are lucky all will go wel..
 
I prefer do nothing

The approve is on 03/01 now. You may just wait one more month or so. INS usually does not issue rfe, if a case is not sitting there very long.
Good luck!
 
Thanks debo for your help

I am working on EAD, will it have any problem

In fact I send an email to a lawyer and a got a response saying the following "It is not necessary to start the case from the
beginning. Rather, just based on the limited information in the email, it looks like you can benefit from the AC21 law for green card portability. The date of the layoff is not significant. Rather, that law just requires that if the I-485 should be pending for at least six months and then after that point the INS is notified of a similar job offer then the green card case can proceed based on the new job offer. INS guidelines also make clearthat the date of the layoff is not the issue. Certainly it would save a lot of time and money
on both your part and the company\'s part if the H-1 and another green card can be avoided."

After reading this I felt I am safe. What do you feel about it ?
 
Thanks for your response

I am also thinking just wait another 40 more days. I am sure after 180 days there would not be any issue.
 
You must log in or register to reply here.
Top