anurag tandon
Member
Chat User: If I cannot continue the GC process due to being laid off before 180 days after filing I-485, can I restart the GC process from LC or I-140? I got a similar job in the same state. Thanks.
Attorney Murthy: It may not matter based on the language of AC21, and the INS has not changed its position on this. No one can be 100% sure of what the regulations will read, and looking at INS\' delay it seems justifiable that if the I-485 takes the INS longer than 180 days to adjudicate, the person may be fine. If a person has to start with a new GC, then the entire process from LC, I-140 and I-485 or CP all will have to be done with no short cuts. Again, it may be quite safe, and other than being cautious, nothing has changed since the AILA Annual Conference in San Francisco in June 2002.
Attorney Murthy: It may not matter based on the language of AC21, and the INS has not changed its position on this. No one can be 100% sure of what the regulations will read, and looking at INS\' delay it seems justifiable that if the I-485 takes the INS longer than 180 days to adjudicate, the person may be fine. If a person has to start with a new GC, then the entire process from LC, I-140 and I-485 or CP all will have to be done with no short cuts. Again, it may be quite safe, and other than being cautious, nothing has changed since the AILA Annual Conference in San Francisco in June 2002.