getting laid off before 180days have passed

B

brownbideshi

New Member
Folks,
I may be getting laid off 2 months before my I485 has been pending. The company will most likely not inform anyone or revoke my I140 (already approved). I don't have EAD yet, but might get it before I get laid off.

If I am able to find a new job, can I just transfer my H1B and invoke AC21 only after 180 days have passed? Do I have to show that I was still with my old company for full 180 days?

Given the speed of NSC, I don't think I will get any RFE before 180 days have passed anyways. If they do, and I am not with my current employer, I know I will be denied.
 
BrownBideshi - This is my personal opinion, I am not a lawyer.
If your company wont revoke your I-140, then thats a good thing. Just wait for the 180 day limit, and after that period invoke AC21. You can invoke AC21 on H1-B OR EAD. If they send an RFE because of address change or NOID (notice of intent to deny if your employer revokes the I-140), I think you have some time to respond that to that NOID with AC21 documentation plus new employment letter from newer employer.
 
brownbideshi said:
Folks,
I may be getting laid off 2 months before my I485 has been pending. The company will most likely not inform anyone or revoke my I140 (already approved).
---good that I-140 is approved and Company is not going to revoke I-140
I don't have EAD yet, but might get it before I get laid off.
-----------you can apply for EAD
If I am able to find a new job, can I just transfer my H1B and invoke AC21
-----find the new employer let him file H1 transfer and once you join him then invoke AC21.
only after 180 days have passed?
Do I have to show that I was still with my old company for full 180 days?
---------------No you dont have to show. GC is for Future job
Given the speed of NSC, I don't think I will get any RFE before 180 days have passed anyways. If they do, and I am not with my current employer, I know I will be denied.
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Thanks folks,

One last question:
If the new company does the H1B transfer, and it turns out the situation at my present company is more solid now, can I discard that H1B transfer and stay with my current employer? After all, I will feel much safer spending at least 180 days with my current employer....
 
brownbideshi said:
Thanks folks,

One last question:
If the new company does the H1B transfer, and it turns out the situation at my present company is more solid now, can I discard that H1B transfer and stay with my current employer?
---------------------------yes if the present employer dont revoke your H1 by writing to USCIS. if that is the situation then why you make new employer to pay the H1 transfer filling fee+lawyer fee????
After all, I will feel much safer spending at least 180 days with my current employer....
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I don't really want to have the new employer pay for the H1B transfer if I don't have to. It's just that the situation at current employer is day-to-day....i could be laid off or be comfortably employed for a while as soon as they make some long term decisions...just don't want to get caught unguarded.:confused:
 
Bideshi Mia - You are juggling a few balls yourself. First of all, if I were in your shoes - I would think if I have a job offer with an employer that will do H1-B in the first place? If yes, then its up to you on if you want to quit your current employer and join the new one. In your situation, its best to apply for your EAD right now - so that in case of a layoff, you are able to find another job very quickly on EAD. You might run into a scenario where every employer does not want to do a H1-B. (maintaining H1 is the safer way to go, just in case your 485 gets rejected for some odd reason).
 
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