If there are lay-offs going on in the company will this impact the 485 applicants whose status is pending .... i am aware lay-offs in a company will impact the labor process ? but i was not sure will this impact the 485 process too ... guru's please shed some light on this ??
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Company Lay-off while 485 pending
- Thread starter honda
- Start date
You should be OK
http://www.murthy.com/chat1209.html
Chat User : What if an employee is laid off before completing 180 days after filing the I-485 and has an I-140 pending? Can the employee change employers and still preserve the AOS?
Attorney Murthy : If the employer revokes the underlying I-140 petition and the INS acts on that revocation within the 180 days then the INS may terminate the case. The way AC21 law is written, the employee can gain approval of the AOS, as long as it is the "same or similar" job as long as the I-485 remains unadjudicated for 180 days. The issue pertaining to the need to work for the LC sponsor during the initial 180 days has not yet been set forth in regulations, as the regulations still have not been issued.
http://www.murthy.com/chat1230.html
Chat User : Can the AC21 clause be used having an approved EAD and AP and being laid off before 180 days of I-485 receipt date?
Attorney Murthy : The INS has verbally stated that the AC21 portability should be able to be used in such cases since the INS will probably take longer than 180 days to adjudicate the I-485 case. The law only refers to AOS adjudication and allowed portability to punish the INS for their slowness in processing cases. So, until the INS completes I-485 cases in fewer than 180 days, the INS has verbally confirmed that it appears the person may enjoy AC21 portability. Without any written regulations, there could be a risk if the INS issues regulations against the common sense reading of the law.
http://www.murthy.com/chat1209.html
Chat User : What if an employee is laid off before completing 180 days after filing the I-485 and has an I-140 pending? Can the employee change employers and still preserve the AOS?
Attorney Murthy : If the employer revokes the underlying I-140 petition and the INS acts on that revocation within the 180 days then the INS may terminate the case. The way AC21 law is written, the employee can gain approval of the AOS, as long as it is the "same or similar" job as long as the I-485 remains unadjudicated for 180 days. The issue pertaining to the need to work for the LC sponsor during the initial 180 days has not yet been set forth in regulations, as the regulations still have not been issued.
http://www.murthy.com/chat1230.html
Chat User : Can the AC21 clause be used having an approved EAD and AP and being laid off before 180 days of I-485 receipt date?
Attorney Murthy : The INS has verbally stated that the AC21 portability should be able to be used in such cases since the INS will probably take longer than 180 days to adjudicate the I-485 case. The law only refers to AOS adjudication and allowed portability to punish the INS for their slowness in processing cases. So, until the INS completes I-485 cases in fewer than 180 days, the INS has verbally confirmed that it appears the person may enjoy AC21 portability. Without any written regulations, there could be a risk if the INS issues regulations against the common sense reading of the law.
This question has been asked so many time that you could have just searched on this topic in this forum. There is no definitive answer to this. A Green Card is issued under the assumption that company has a long term position available for which they could not find anyone in US regional area.
TECHNICALLY, INS can raise the issue that when your company is laying off people, is there really a long term position available for which they need a foreigner.
BUT, I haven't seen a single case where INS applied this strict definition. INS spends most of its energy fighting cases where they detect either some serious fraud , Visa violations or Terrorism related actvivities.
So worry about your job rather than worrying about INS because you can always use AC21 .
TECHNICALLY, INS can raise the issue that when your company is laying off people, is there really a long term position available for which they need a foreigner.
BUT, I haven't seen a single case where INS applied this strict definition. INS spends most of its energy fighting cases where they detect either some serious fraud , Visa violations or Terrorism related actvivities.
So worry about your job rather than worrying about INS because you can always use AC21 .
Amitgreen and vivekm Thanks for the response ...
The scenario is little different up here .... i might not be laid-off (just being optimistic) but if there are company wide lay-offs will this impacy the 485 process ..... As vivekm mentioned just worry abt the job for now not INS .... u r right !!!!
Thanks again !!!!
The scenario is little different up here .... i might not be laid-off (just being optimistic) but if there are company wide lay-offs will this impacy the 485 process ..... As vivekm mentioned just worry abt the job for now not INS .... u r right !!!!
Thanks again !!!!