Effect of Layoff on I-140/I-485 processing

M

mailvb

New Member
Hi,
The following is under Vermont Processing Center.
Nov. 2002: LC approved.
Dec. 2002: Filed I-140, 1-485, AP, EAD.
Jan. 2003: Got laid off. I was told by HR the company will be canceling the LC and I-140.
Feb. 2003: Applied for H1B1 transfer and received the receipt.
Mar. 2003: Received notice and went for finger printing.
Apr. 2003: Received AP and EAD.

H1B1 transferred to a differenet company.

I would like to know the following:

The company is not willing to give me the receipt no.s for the I-140 applications. Is there a way I can know the receipt numbers for the I-140 applications or find the status of I-140 applicaiton?

What happens to GC processing if I move to another State? (GC processing from NJ)

Will it be legal for me to use the EAD and work for any employer in United States?

Will it be legal for me to use the AP to travel out of/in to United States?

What happens if I use the AP and I-140 cancelled and eventually I-485 is not approved?

If my new employer wants to process my GC will he need to start afresh?
Can the new company transfer/use the exitsting I140 / I485?

I would appreciate any kind of response.

Thanks
Bhargava.:confused:
 
You need a receipt number to check status.

I think that your GC processing with old company has come to a grinding halt. They can use the Labor approval for somebody else.

Yes it is illegal to use that EAD and AP. If you used AP, then you have used an invalid document. Moreover if the I140 was cancelled, it is going to show up in the POE inspector's screen and that might cause trouble- big time.

Yes, your new employer has to start afresh. If the new GC is for the same job then , you might be able to preserve your priority date..
 
Re:

Thanks a lot for the input.

The new GC would be for a similar job.

Can you please explain how I may be able to preserve the priority date?

Regards
Bhargava
 
jaxen,

i believe the company that revoked i-140 can use the same labor approved for mailvb for a different person, say x. X will then have the priority date of the labor that was filed for mailvb.

however mailvb will have to start from scratch. so, he will get a new priority date. with all the priority dates being current, i believe this will not be a problem.

mailvb, ask your hr to file for your labor asap. donot wait for more than 6 months. so, they can use the recruitment notice from your time for your labor.
 
6 month labor figures?

Krishnakt - what is the significance of the 6 month period - does recruitment data become invalid after 6 months for GC Labor purposes?

Thanks!
 
usimmgr,

to the best of my knowledge it does.

to apply for gc labor, the company that recruited you has to run advt for 6 months and keep track of everybody interviewed and why they had to reject everybody else but you.

so, if you join a company and immediately apply for labor, they can use the advts for recruitment notices that you have seen/responded to!
 
Is it a must to advertise??

What is the difference between RIR and non-RIR processing. Is the RIR for LC or the I-140 application?

Can you also please tell what E11, E12 and E13 categories are for the I-140 application?

I often see this classification in Priority date charts.

How can I know to which category my I-140 belongs?

Regards
Bhargava.
 
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