Filing of I-485 after lay-off

O

ohion

Registered Users (C)
All,

Here is my situation;
I got laid off from my company after my I-140 was approved but I-485 not filed. I have not got my H1-B X-fer started from another company. I consulted a lawyer & he was of the opinion that I can apply for I-485 after obtaining a letter from my old company seperately so that after, 6 months, I can change my employers at will and not require any Visa. Any previous experiences in sucha a case would definitely help. Do you think that my new employer would have any problems? Please shed light and the chances of such a case.

Thanks in advance !!
 
Here is my situation;
I got laid off from my company after my I-140 was approved but I-485 not filed.

---- If you have I-140 filing receipt or copy of approved I-140 file your I-485, EAD AP, no need of letter from previous employer for filing I-485.BCIS is not going to check the employer letter l they are just going to check approved I-140 and Fees and nothing more than that. Once you file I-485 and it crosses 180 days you will be eligible for AC21. if not good relations with the past employer no need to inform him that you are filling I-485or your friends just keep quiet till your I-485 hits 180 days then you can send the intent change letter from new employer. Try to maintain your H1 status till you get EAD

I have not got my H1-B X-fer started from another company.
---- I did not understand your statement? Do you have valid H1 and valid I-94? If yes file I-485 ASAP. Are you working now? Did you transfer H1 with other company? If yes then no problem

I consulted a lawyer & he was of the opinion that I can apply for I-485 after obtaining a letter from my old company separately so that after, 6 months, I can change my employers at will and not require any Visa.
---- No need of letter from earlier employer to be filed with I-485. Past employer had submitted letter for you when he filed I-140 and BCIS is not going to ask for the letter with I-485, if they want it then they will ask after 18-20 months at the time of approval when they will check the file but your letter from new employer will be at top of the file before they approve the I-485
Any previous experiences in such a case would definitely help. Do you think that my new employer would have any problems?
----- What do you mean by new employer? Are you working with new employer on H1 status? If yes file I-485 new employer will have nothing to do with your I-485 and EAD AP these applications belong to you. New employer will have no problems. You will need new future job offer letter from the new employer after some time (after 180 days of crossing your I-485) try to get the same/similar job as on your LC that was approved from past employer.

*** First check the BCIS online status of approved I-140 EAC# or WAC, LIN# if it still shows approved then
take the risk of filing I-485 ASAP and dont inform others, just keep quiet . if the lawyer does not agree to file with out letter from past employer search the new lawyer. many have done this and got EAD AP.
 
Last edited by a moderator:
Thanks Ginnu for the reply.

One more question. I am planning to get married next year. Once, I apply for my I-485, can I get my spouse to the US being on H1-B and apply for her GC processing after getting back, so that she also receives her EAD and AP? Please let me know if that would be possible.

Thanks,
 
Till u maintain ur h1 status, u can bring ur spouse on h4 without any problem. Note that the criteria is h1 status, and not h1 visa validity date. They will ask u for latest pay stubs from the sponsoring employer so u need to have the transferred h1 papers with sponsoring employer = employer u would have paystubs from. Once ur spouse is in US, 485/EAD/AP can be filed.

Also checkout a great thread by Yee Man Chan which discussed this approach in detail:
http://www.immigrationportal.com/showthread.php?s=&threadid=64687&highlight=485+employer+letter

goodluck

-ab
 
Last edited by a moderator:
Thanks AtlantaBhopali for your reply and the thread. I had one more question. If before my I-485 hits 180 days and I would have change my job, then do I need to do another H1-H1 transfer or just be on EAD? I may have to travel outside the country after 6 months of the filing for my marriage.

Thx. in advance !!
 
I had one more question. If before my I-485 hits 180 days and I would have change my job, then do I need to do another H1-H1 transfer or just be on EAD?
--- H1 to H1 transfer is much better because if I-485 is denied you still will be on H1 status, if you don’t have the H1 transfer then only use EAD and once EAD used you need AP for travel
I may have to travel outside the country after 6 months of the filing for my marriage.
---- what do you mean by “filling for my marriage”?
 
I know 4 cases, they got I-485 receipts got EAD and AP Approved and all the cases are still pending with the service centers. 2 cases were filed by good lawyer in MD and other 2 cases by other lawyers. These cases were filed during May 2002 to October 2002, all have extended the Ead and AP, no questions asked because the BCIS is going to look for the letter only when they are going to approve the I-485 and before that one can submit new employer letter and can use AC21
 
Ginnu, Thanks for the reply.

I had one more question. If after filing for my I-485, my new Employer does not agree to provide a letter for AC-21 (after 6 months) for change of employment for the GC case. Then do I need to start it all over again.

Thx. in advance.
 
If after filing for my I-485, my new Employer does not agree to provide a letter for AC-21 (after 6 months) for change of employment for the GC case. Then do I need to start it all over again?
---- Before joining the new employer clear with him that matter if he does not give or not ready to give letter for future permanent job then you can change the employer again and join who is ready to give you future job offer letter. Better join new employer with H1b transfer. You can change employer before I-485 is finally approved. You know your future employer discuss with him before joining
 
Ginnu, all

I tried to work with my lawyer in getting the I-485 filed without the Employment letter. But he does not sound positive in moving forward with this case. Can you please provide with any lawyers that you are aware who would be willing to go forward at the below email ID. and also typical filing fees.
ohion76@yahoo.com

Thanks in advance!!
 
You must log in or register to reply here.
Top