Getting laid off + 180 day rule + Using the EAD

B

BostonVHyderabadi

Registered Users (C)
PD 12/97
485-RD 03/21/00
485-ND 03/23/00
No Finger Prints
No RFE
EB3-India
Has EAD

The company that sponsored me might get bought by another company. If that happens what will happen to my GC process?

I am getting laid off potentially on March 1st. They have given me 7 weeks severance package. I have requested them not to give the 7 weeks severance package in lumpsum, instead put me on payroll for 7 weeks. They have agreed to it and this will drag me till April 19th ( March 1st + 7 weeks ).

I just have to hope that they don\'t dissolve the company before April 19th and I am just taking day by day. I wish and hope INS to come up with rules and regulations as soon as possible and whatever they come up be in our favor.

The day I get kicked off from the company\'s payroll, I have determined to use my EAD and work for another company. But before I get kicked off, do I need to get any kind of letters from my employer?

My attorney says, "don\'t worry, you should be alright and according to the new law and should be able to change jobs after 180 days".

Thanks guys and gals.
 
No Title

get a letter from your employer that you are laid off because of company merge or acquisition. This letter may be used later to show INS that you are not voluntarily leaving the company.

Find a similar position as soon as possible. You can get a support letter from your new employer.

You should be alright as your attorney said.

good luck,

VSC waiter
 
No Title

I don\'t think the letter from your old employer stating that you are laid off instead of leaving voluntarily will do any good for you.

My reasoning is, either new law or old law doesn\'t discriminate leaving volunraily from being laid off. They would not treat you better if you are laid off.

However, if your old company can write you a letter stating that they will hire you anytime you like to go back, that definitely helps.

I don\'t think you need to worry about this situation, since I don\'t think you can do anything under such circumstance. Simply pack your stuff and find yourself another job. That\'s what I did. BTW, I was in the similar situation as you. Move until INS makes another move!
 
No Title

The other piece of useful information that I forgot to mention is, it is not only me that is getting laid off, all the employees of the company will be laid off.
 
No Title

My company might soon get spun off/bought over by another company. There is no talk of layoffs. I currently have filed for I485 (since Nov 99) and I am awaiting for an FP call. With the new law, since it is greater than 180 days since I485 was filed, can I change jobs? Does the job have to be in the same geographical region? How does it work if it is not in the same geographical region but the job description remains the same? BTW, I have an EAD valid till year end.

Any feedback is appreciated.
 
No Title

There is no definite answer to your question. There are different interpretations for the "180 day job change" law. Is it
180 days from RD or
180 days from ND or
180 days from when the law got passed ( Oct. 17, 2000 ).

I have talked to my attorney and he said as long as you work in the same job classification and geograhical area you should be fine.

But in anycase the day whey they don\'t want me on the payroll, I"ll start working on my EAD.

Hopefully in March I would expect INS to provide us some guidelines.
 
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