getting laid off during AOS before 180 days of applying.

N

Nitin Pinnanath

New Member
My AOS was filed in July 2001. My company is going through a round of layoffs. I want to know my options if I am laid off.
I haven\'t recieved my EAD or receipt yet. The lawyers say that I will have to start the process all over again. But is there any other provision? Can I use my existing I-485 in the next company I get my job in.
 
No Title

There is differing opinion about the 180 days law. Some lawyers said I spoke to on this issue said that there is still 95% chance that you can salvage your GC if your laid off between filing AOS and 180 days period. It will depend of the INS officer who sits there on your file. The law is shady and hence can be interpreted to your use if the lawyer is competent, consult good lawyer.
 
lay-off within 180 days

I got laid off recently. My I-485 was filed on 5/30/01 and got notice on 8/13/01, so the filing time is within 180 days. My lawyer told me I don\'t have to change my current status to F visa or H visa, etc, since I am already in the adjustment status. I can use the EAD card I applied to find another job, though I still haven\'t received it, I can go to local office ask for it if 90 days passed from the receipt date. The trick is that try not to get my GC approved within 180 days, then I can still get my GC after that period.

I am so confused, please help me.
 
Ask them give you future rehire intentions letter

And go for another job. This will be maximum, what you can have (80% your GC will be granted). If your past employer is not cooperative, then keep your layoff letter. INS tends to be reasonable to excuse layoff situations, then I would think you are 70% safe
 
You are safe as long as INS doesn\'t make decision within 180days

If INS doesn\'t require RFE withine 180days or make any decision, you will be safe, and go ahead find a new similar job ASAP.

GO to www.murthy.com, read the "chat" session. You will find some information.
 
No Title

My questions:

1. how can I maintain my current status? my attorney told me I am in pending status, don\'t try to change to F1 status.

2. I can get an interim EAD card from local office after 90 days, and work for any employers, right?

3. Can I still get an H-1 visa transfer to my next employer? I guess not, since my current one is already withdrown, if I use EAD card to work, I have to start new H-1 quota process if I want to go a safer way in case my AOS denied.

Please help.
 
E2 or E3

I hold a bachelor degree outside US. I was working for a big american company for 2.5 years and then transferred to the company\'s headquarter and changed my job title. Before joined the company\'s one of oversea branch, I had 2.5 years\' working experience.

I know the criteria for applying E2 is Master degree or Bachelor degree with 5 years\' expereince prior to current employment.

Is the experience gotten from the company oversea branch a part of 5 year\'s experience? Can I apply for E2?
 
No Title

Jingze Chen
Mine was a similar situation.I have 3years Us experience and 3 years overseas experience and was filed in EB2 category.Both experiences are considered,and should be proven,if requested.
Nanda.
 
can I specify a starting date for H-1 visa

I am on practical training now and it will expire next May. I need to apply H-1 visa now. But I don\'t know if I can specify a starting date which is the expiration date of my practical training on H-1. And if INS will grant that date.
And also if I am able to start green card application on practical training.
Thanks!
 
No Title

You said that we can go to local INS office to request EAD if it doesnt arrive within 90 days of filing. Is that correct? In other words is there any specific law that says this ?
 
No Title

I am confused. My lawyer has been encouraging me to start the GC process all over again from some new company.They are not going to inform the INS regarding my layoff for the GC , so I can still keep quiet and get the GC.
 I haven\'t got the receipt for 485 yet. I found out the receipt goes to the lawyer who gives it to the HR in my company, which can be a problem , because my last day is 09/30 and if the receipt comes after that I will not be able to get the receipt. Now after 90days if I want to the get the EAD , is the receipt the only documentation I can take to get the card physically from local INS office? Or I should just wait for the EAD to come through.
I have heard from lot of people that GC will come through if I keep quiet. I am very confused , can anybody give any advice.
 
Changing Jobs after 180 days of I-485 and having EAD ?

My current project is going end. I have filed for the I-485 in July 2000 and have EAD since then. Recently our company is reducing the employees and asked me to find another job. What are the things I should take care for this situation. I assume according to the new law it is safe to change jobs after 180 days after you file for I-485. Please clarify.
 
my answers

1A. I don\'t know.
2A. yes, you can but u loose your h1 staus once for all. hence you can apply for transfer unless apply for fresh h1 from start like new h1\'s coming to usa.
3A. you are right.
 
No Title

I wanted to get a clarification regarding the 180 days rule. if I change my employer after 180days of filing AOS , when I inform the INS that I have changed my employer and now the new employer is supporting my GC process, do I need to show any proof of my previous employer. For example - if my 180days expire on jan 13 2002, do I need to show a payslip from my previous employer for december 2001?
Or just a letter from the new employer describing my new duties , salary is enough?
 
Moving to another job after 180 days of applying for I485

Hi,
I\'m rolling off my project and my consulting firm has not found a project yet. Is it ok if I move to another company after 180 days of RD of I485. If I move does the new employer have to file anything else ?
Could someone please help ASAP
Thanks,
Nanditha
 
u r safe..

If you already crossed the 180 days stupid INS rule after the RD, you are safe and get a job and give me a party..
 
yes u can..

You can get an Interim EAD after 90 days of your EAD RD, but logically you cannot join any company other than your original comapny thru which your papers went thru, then why worry to get a EAD after 90 days at the local INS office if you can\'t use it? Please clear my views Vasu.. Thanks..

GP1
 
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