Getting laid off before 180 days and without I140

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prabhudeva

Registered Users (C)
Hello Friends,

I just received my EAD card last week and got to know today that I am getting laid off in the next two weeks.

My I140 is still to get approved and I485 was filed two months back .

Could anyone please share their experience if they have gone through similar situation. Can I look for another job on EAD with I485 and I140 still pending?

Cheers,
Prabhu
 
Talked to the manager in your company and told him/her about your situation and tell them to continue your GC processing. Once your I140 gets cleared, you can use ACT21 to change the employer.

This is what one of my friends did.

Well, It all depends on how good relation you have with your manager/company.
 
Hi gc_illusion,

Thanks for your response!!

There are several confusions :

1. My employer says they can support me for 2-3 months as a leave of absence or Sabbatical, but beyond that it wont be possible as it will start getting illegal.

2. With 2 months remaining on my H1b 6 years expiration, I am not sure to use these months and then go on EAD or to go right away and to save those for a later H4 (my wife is on H1)

3. Of course till the time I140 comes I cant get another full time job on EAD as it could affect I140 later if query comes....any thoughts???!!

Can you share some more details of your friends experience, how he continued with his employer, cause I know my employer wont be able to keep paying for long as their financial situation is real bad.

Cheers,
Prabhu :)

gc_illusion said:
Talked to the manager in your company and told him/her about your situation and tell them to continue your GC processing. Once your I140 gets cleared, you can use ACT21 to change the employer.

This is what one of my friends did.

Well, It all depends on how good relation you have with your manager/company.
Click to expand...
 
You are legally eligilbe to work using EAD until 485 pending. May be you can take 140/485 process backlog as advantage and work until they are pending.
If you are lucky no RFE s on your case and 485 approved too.
If you receive RFE about employment status you can just leave the country (or ask your employer a letter saying that they are still interested to hire you back after GC apporved).
Please check with your attorny. This just my openion.
R
 
rljh said:
You are legally eligilbe to work using EAD until 485 pending. May be you can take 140/485 process backlog as advantage and work until they are pending.
If you are lucky no RFE s on your case and 485 approved too.
If you receive RFE about employment status you can just leave the country (or ask your employer a letter saying that they are still interested to hire you back after GC apporved).
Please check with your attorny. This just my openion.
R
Click to expand...

My company lawyer told me everyone will get RFE before I485 approval to prove he is still working.

Unless the company is willing to 'cooperate', the chance to get 140/485 is not good. If he works for a big company, they will follow the rules and won't give a damn.

If he uses EAD and later I485 is not approved, he will be out of status and have to leave US. He may consider to transfer H1 and start the green card process all over again. I know this is very painful. He also wants to watch his H1 expire date. The best things to do is to talk to an attorney.
 
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Thanks for all your responses!!

I talked to my attorney and others as well...The general thought is look for work now based on EAD...I140 when filed concurrently is taking one year...Attorneys say that I140 queries are rare so I should get through there, but after the 180 days period I should get locked into a job which is similar to my current job and if/when 485 query comes I can ask my new employer to give a supporting letter, paystub etc...

I have got some relief after heariing all this but I will still be walking a tight rope till I140 comes..because H1 is expiring in August I have little options left.

Thanks again,
Cheers,
Prabhu :)

gcsuffer said:
My company lawyer told me everyone will get RFE before I485 approval to prove he is still working.

Unless the company is willing to 'cooperate', the chance to get 140/485 is not good. If you work for big company, they will follow the rules and won't give a damn.

If he uses EAD and later I485 is not approved, he will be out of status and have to leave US. He may consider to transfer H1 and start the green card process all over again. I know this is very pain. He also wants to watch his H1 expire date. The best things to do is to talk to an attorney.
Click to expand...
 
Did the attorneys say that even after 180 days, I-140 approval is needed or it doesn't matter, if you find a same or similare job? Kindly clarify.
 
naanshi said:
Did the attorneys say that even after 180 days, I-140 approval is needed or it doesn't matter, if you find a same or similare job? Kindly clarify.
Click to expand...

So far I have got ambiguous replies...I140 is needed thats for sure...However with concurrent filing being introduced after AC21 (and that has caused 140 to be taking so much time) there is not clarity if I140 will be treated similar to 485...but if I140 is rejected then there willl be problems at it is bound to filing employer...THERE IS CONFUSION ON THIS ISSUE...DO YOU KNOW ANYTHING ELSE??????
 
My company attorney said that I140 almost approved for everyone (This was before concurrent adjudication. Now CIS supposes to adjudicate the I140/I485 at the same time.

This is what I think. They will send out a 485 RFE before 485 approval. If your company does not reply (in 90 days or whatever they say), the 485 will be rejected and I140 may be approved. (I assume you won't get a 140 RFE). If I140 is rejected (whatever reasons), I485 will be rejected and one has to leave US. Now I140/I485 is adjudicated at the same time, how does AC21 work? Remember, there should be no time gap in between to approve I140 and I485 in theory and you suppose to use EAD after I140 has been approved.
 
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So far I have got ambiguous replies...

Prabudeva,

My attorney says that one can change employer after 180 days, but underlying I-140 must be approved some time. My current compnay's law firm says that once you change the employer after 180 days, approval of I-140 does not matter anymore. If you sent AC21 letter, you are safe under AC21 law. I just want to know what kind of information you got from the attorneys you talked to? Is I-140 approval needed, even after you change the employers after 180 days???

naanshi.
 
If you get a RFE on I-485 to show whether u are currently working with the present employer or not, what do they want to see from you to prove that you still are.

Thanks,
 
I heard that a letter having your position and salary is good enough. After 911, my company attorney told me we get 485 RFE for every case. The company should take care of it if one is still working for them.
 
What if you are not working for the company which filed for your I-140 and I-485 and you get RFE? I believe I can get a letter from the company but getting paystubs is impossible. Then what are the options?

Thanks
 
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