Employment termination pending AOS

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freeman11

Registered Users (C)
My employment was terminated two days ago pending AOS approval.
I and my family have been under H1/H4 which expired 6-year max in late Nov-2002 (I-94 expired too).

Summary of the processing:
Ocy-2000: I140 approved.
Nov-2002: H1/H4 extension beyond the 6-year max filed.
Dec-2002: I485/AP/EAD filed for me and dependants.
Jan-09-03: Received one I485 receipt notice(From Nebraska for only one dependant)
Jan-10-03: Received Finger Printing notice at local office on Feb
Jan-16-03: Termination of Employment.

(1) Will my AOS/AP/EAD be cancelled/stopped ?
(2) Can I go for FP on Feb ?
(3) Can I stay in the U.S. looking for a new job ? If yes, how long ?
(4) If no, how long can I stay ?
(5) Any advises ?

Please help!
In desperate.
 
AC21 rule applies for I485 that hasn’t been adjudicated and is pending for at least 6 months. Under this rule you can switch jobs. The new job has to be in the same field as the one written in your Labor Certificate.
It looks like to don’t have much of a choice here. INS might reject your I485 if they assumed that there is no intent for permanency. They can assume that if you quite the job within these 6 months.
You have to talk to a good lawyer.
 
Originally posted by freeman11
My employment was terminated two days ago pending AOS approval.
I and my family have been under H1/H4 which expired 6-year max in late Nov-2002 (I-94 expired too).

Summary of the processing:
Ocy-2000: I140 approved.
Nov-2002: H1/H4 extension beyond the 6-year max filed.
Dec-2002: I485/AP/EAD filed for me and dependants.
Jan-09-03: Received one I485 receipt notice(From Nebraska for only one dependant)
Jan-10-03: Received Finger Printing notice at local office on Feb
Jan-16-03: Termination of Employment.

(1) Will my AOS/AP/EAD be cancelled/stopped ? NO, As long as you can get new similar job and your I-485 doesn't approve in 6 months. (Most the employer doesn't do that, but make sure they don't revoke your I-140 approve for another person)
(2) Can I go for FP on Feb ? sure
(3) Can I stay in the U.S. looking for a new job ? If yes, how long ?
no limit but to finding the job is very important before INS query
(4) If no, how long can I stay ?
(5) Any advises ?Find the similar job ASAP.

Please help!
In desperate.
Click to expand...

One more thing what you were doing from octomber to december for 1-485? you shouldn't wait 2 months for this ecomomy.

Good Luck
 
Some comments

(1) Will my AOS/AP/EAD be cancelled/stopped ?
If your employer does not inform INS, I guess process will go on.
(2) Can I go for FP on Feb ?
(3) Can I stay in the U.S. looking for a new job ? If yes, how long ?
Your status is legal.
(4) If no, how long can I stay ?
As long as your I-485 is pending.
(5) Any advises ?
I am in the similar but slight better situation. I have done FP and waiting for pass 180 days. Please exchange information. Good luck.
 
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