Concurrent Filing and Being Laid Off. PLEASE HELP !!!!!

G

Gcard2003

Registered Users (C)
Hi Gurus. I have a very urgent problem here. I recently filed concurrently on Oct 14th. I have got receipt notice and FP notice from INS. My I-140 is still not approved although going from the pattern of approvals for concurrent filers it appears that it may be approved in the next 20 days.

My employer is giving a very strong signal that I would be laid off soon as part of my conpany's restructuring process. I have the following questions:

a) If I am laid off after I-140 approval then can I still continue the Green Card process or do I have to start from very begining

b) If I am laid off before I-140 approval then is there a way to still continue the GC process

c) My company attorney has not given me a copy of approved labor certification . But I do have a copy of I-140 receipt notice. Would I need copy of I-140 approval notice to use AC 21 portability

I have 5 more years left on H1 but the hard part is finding a job in IT field currently and also maintaining status in case I get laid off.

Please help me by sharing your opinions.

Thanks in advance !!!
 
Here are some possible scenarios:

1) I-140 approved without RFE then I-485 approved without RFE => Congrats!
2) I-140 approved without RFE then I-485 with RFE/interview => need a new job, if no job, you are game over, otherwise congrats!
3) I-140 with RFE => Game over! :(

Status answer:
If laid off happens after I-140 approval, you are in status all time. If it happens before I-140 approval, you are out of status between laid-off and I-140 approval.

Good luck!

PS Don't we hate INS/Congress/Senate? ;) They create so many confusing procedures/laws.
 
Thanks But !!!

Thanks a lot for your reply. Could you also answer some more related questions:

2) I-140 approved without RFE then I-485 with RFE/interview => need a new job, if no job, you are game over, otherwise congrats!

If I am able to get a new job then does AC 21 allow me to switch jobs if I am laid off. Could I still get denied because I filed concurrently.

3) I-140 with RFE => Game over!
If I hire my own attorney and anser the RFE then is there a chance for I-140 to still get approved. I know my company lawyer may not co operate but I can change attorney?

Status answer: If laid off happens after I-140 approval, you are in status all time. If it happens before I-140 approval, you are out of status between laid-off and I-140 approval.

If I am laid off after I-140 approval then can I use AC 21 since nothing has been published yet by INS about it. Also in my case its just been a month since I filed concurrently so I would not have completed six months time persion after 485 RD.

PLease answer these question as well.

Thanks again !!
 
Re: Thanks But !!!

2) I-140 approved without RFE then I-485 with RFE/interview => need a new job, if no job, you are game over, otherwise congrats!

If I am able to get a new job then does AC 21 allow me to switch jobs if I am laid off. Could I still get denied because I filed concurrently.

The true answer is no one knows. There isn't even a concurrent case get approved yet! But normally, I would say it is ok.

3) I-140 with RFE => Game over!
If I hire my own attorney and anser the RFE then is there a chance for I-140 to still get approved. I know my company lawyer may not co operate but I can change attorney?[/B]

It depends on the nature of RFE. If it requires some sort of sponsor endorsement and your sponsor doesn't want to do that, then you will be in trouble. Otherwise, you can probably get by with a new attorney.

Also, try to persuade your sponsor not to revoke your I-140. If they do, you are dead as well.


If I am laid off after I-140 approval then can I use AC 21 since nothing has been published yet by INS about it. Also in my case its just been a month since I filed concurrently so I would not have completed six months time persion after 485 RD.

PLease answer these question as well.

You can change job any time after I-140 is approved. There is no need to wait 180 days.

But then in the concurrent world, nothing is certain. My suggestion to you is to find a new employer and start everything over simultaneously with your current case. That should give you the best options.
 
Thanks Yee Man Chan !! So basically it looks like I am screwed because I filed concurrently. Had I just filed I-140 regularly I would have been ok.

I guess this concurrent filing is not for everybody then. Just to gain 3 odd month for I-140 we are taking a very big risk because AC-21 does not apply for us.

I am not sure what my employer would do as I work for a big company and they have a seperate office for foreign nationals. I am sure they would revoke I-140 because what have they got to lose by revoking it.
 
It is not that you are screwed because you filed concurrently. You are screwed because you get laid-off before I-140 is approved. In fact, you will be in worse shape if you filed separately because you may never have a chance to file I-485 at all. Now at least you can pray that there won't be any RFE for the I-140. There can be a miracle if you stay employed.

Good luck!
 
Yee Man Chan. I am still hanging on there. I would be laid off in probably another 30 days. The problem is that I am not sure if I-140 would be approved by then. My RD is 10/16/02 and ND is 10/31/02.

Some of the people who filed concurrently got their 140 approved in 1 mth of RD. But in my case the status still says the same old message.

The thing is that to prepare 485 papers my attorney took almost 2mths. I could have saved those 2 mths by filing 140 right after the labor approval and may have got 140 approval by now so I actually got screwed by my attorney's inability to prepare 485 paperwork quickly.

So I am keeping fingers crossed.

Thanks !!
 
Gcard2003,

Sorry to hear about the incompetencies of your lawyer. Apparently, he/she took the word "Concurrent" too literally. If he/she did read the 485 Processing Doc, he/she should know that "Concurrent" means only you can file 485 without waiting for 140 approval.

Unfortunately, there is no recourse to punish the incompetencies of the immigration lawyers...

In general, it takes more time to prepare 485, so it is better to file 140 first.
 
Yee Man Chan - Could u explain this 485 issue...

Originally posted by Yee Man Chan
Gcard2003,

Sorry to hear about the incompetencies of your lawyer. Apparently, he/she took the word "Concurrent" too literally. If he/she did read the 485 Processing Doc, he/she should know that "Concurrent" means only you can file 485 without waiting for 140 approval.

Unfortunately, there is no recourse to punish the incompetencies of the immigration lawyers...

In general, it takes more time to prepare 485, so it is better to file 140 first.
Click to expand...

Yee Man Chan - I am in kinda similar situation. My 140 is approved but as I had NOT filed concurrently, and am not being laid off, my employer is not willing to file 485. In this regard:

1. Why does it take so much time for lawyer to file 485? How can it be expedited?

2. You sound fairly sure that one doesn't need employer support after 140 approval. Is this true even if (a) I do not have any receipt/filing/approval notices (employer never gave them to me) AND (b) employer revokes the 140 as well?

Please advise.

-ab
 
wondering.

I have question.
For case 2 above, if I140 is approved, and got laid off after 180 days of filing I-485. Should I contact INS about my change job? or we can just quiet until get a notice from INS. Are we supposed to report about the change of employment?

thanks all
 
MM10,

According to AC21, you SHOULD inform INS. So if you want to be 100% safe, you should inform INS about the change. However, since this is not a MUST, so you are not required to do so as far as AC21 is concerned.
 
Re: Yee Man Chan - Could u explain this 485 issue...

Originally posted by atlantabhopali


Yee Man Chan - I am in kinda similar situation. My 140 is approved but as I had NOT filed concurrently, and am not being laid off, my employer is not willing to file 485. In this regard:

1. Why does it take so much time for lawyer to file 485? How can it be expedited?

2. You sound fairly sure that one doesn't need employer support after 140 approval. Is this true even if (a) I do not have any receipt/filing/approval notices (employer never gave them to me) AND (b) employer revokes the 140 as well?

Please advise.

-ab
Click to expand...

Ans:
1. There are simply more documents to prepare when you need to prepare BOTH I-140 and I-485. If you think of filing them separately, it is more streamline then filing them at the same time.

2a. The lawyer has to give you all the application materials. If he/she doesn't comply, you can threaten to file a complaint to State Bar if he/she doesn't comply. Check this thread for details:
http://www.immigrationportal.com/showthread.php?threadid=66181

2b Employer can still revoke your I-140. However, if the revocation by INS happens after 180 days, you are covered by AC21
 
Hey Guys,
Portability may be possible for Concurrent Filers.
Look at:
http://www.murthy.com/chat1202.html
Chat User : Hi. I want to know if I can use concurrent I-485 and I-140 filing and benefit from the new "portability of employer." My understanding is that there is some restriction on this. Is that true?

Attorney Murthy : There is no restriction of which we are aware. The only concern is that the AC21 law was enacted originally before concurrent filing was allowed. The INS senior officials have mentioned that concurrent filing does not and should not change any AC21 laws, so we think it should not pose any problems, except for the risk if the employer withdraws the I-140 prior to approval. Without any regulations, no one can be 100% sure, though.
 
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