Concurrent Filing and Layoff

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visitor1592

Registered Users (C)
Company is likely to announce it's decision to close down the whole department and while some people will be adjutsed in other departments we are expecting some layoffs for the rest of the team. Two of us on the team have concurrent filing of I-140 and I-485. Both our RDs are Nov-02 and both our I-140's were approved last week ... if we get laid of this week, what will happen to our 485 application? Will AC21 apply to our case too even though we did concurrent filing? Please advise .... any other suggestion about what options we have in our situation will also be appreciated. Thanks.
 
As Ac21 rule came before Concurrent filing

As Ac21 rule came before Concurrent filing, there is no clear guideline. but as in concurrent filing rulling, it's didn't mention about invalidating Ac21. so by default Ac21 is valid for concurrent filing as well.

Two addtional thing needed for Ac21 under Concurrent filing
1. it assume your I-140 is approved.
2. your I-485 filled 180 days before.

but if you are using Ac21 involuntary like lay off or other reason, legal expert and lawyer suggest use Ac21 before 180 days should be fine.

I think you should start finding same or similar job in any state using your EAD. if you want you can wait for month or so beforte join new company that way you will complete your 180 days of I-485 filing as well if possible.


one more thing, ask your employer not to withdraw I-140 application and keep good relationship with them just in case.


Good luck

JB
 
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Thanks for the info, JBM - I'll talk to them about the I-140. Hope they won't withdraw - but it seems from your reply that if they do I don't have much of a recourse, right? I read somewhere that once your I-140 is approved and you are past 180 of filing I-485, your 485 is supposedly independent of the employer - would that not hold true in my case too?

Thanks in advance.
 
I think I-140 withdraw is different than h1 withdraw/ cancelation.

I-140 is for future job, so in case future job doesn't happen, I don't think employer has liability to cancel I-140 unlike h1 application, where they are libale to pay for retrun airfair or moving coast back to thier home country. so try to convice on that point. and tell them if they don't withdraw I-140, then in future if thier situation imporve you can go back to work with them. (one of my friend did this sucessfully) and if they are not doing great then they would like to find your own path instead of giving severance package and go through lay-off process. You can negotiate on various level. And anyway withdraw of I-140 involve more paperwork with INS with help of lawyer, so some employer won't bother and some might not know if they can withdraw. but I think any case good relationship may be the key if later stage complication created.

You are right about I-485 should be independet of I-140, but I saw some chat and case on murty that some case becuase of I-140 withdraw people have problem with I-485 application. so it's in gray area where it's in hand of fate or good lawyer. bascially Ac21 doesn't make any sense if I-140 withdraw after 180 days of I-485 filing create problem. but i can not tell you sure for either way. so i think it would be better to be safe and sorry.

Good luck.

JB
 
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