getting laid off during AOS before 180 days of applying.

Can I apply for EB2 if I have a Bachelor\'s plus 5 yrs. experience

Just having a Bachelor\'s plus 5 yrs. experience doesn\'t help. Your job should require that much experience. That is, if your job requires a person to have a Bachelor\'s plus 5 yrs of experience to do the job you are doing, only then you can file under EB2.
 
Current processing date

Hi there,
   Can anyone tell me the date of I-485 that INS is currently processing. I filed in mid March and my receiptdate is April 10th 2001. I have received my EAD, PR and am through with finger printing also in August. I want to know how long do I have to wait before I get my approval. I filed my GC through California processing center.
 
HOW MANY CHANCES THERE FOR MY GC CASE???

I am laid off recently with H1B, My I-485 submitted over 180 days and I have EAD also. If I can ask my former employer to give a rehire intention letter, Is it will be safe for my case?? Should I inform my immigration lawyer for this? What else I can negotiate with my former employer? Thanks a lot!!
 
180 days after filing date or receipt date

I am in the stage of AOS, files were sent out 11/05, and I haven\'t got INS receipt yet. My company is not doing so great, I heard that it is safe to change to another employer after 180 days after filing 485. Does the 180 days count from the date of filing date or INS receipt date? There will be a couple month difference, and that is very important to me at this point.
Thanks for any advise in advance.
 
H1-B Transfer Question

Hi , I was working with company A until Some time . My H1-b from Company A was supposed to be renewed in the month of october . But in the month of september i changed my employer i.e i moved to company b. I got my LIN Number from company B in the month of october and i have started to work for them since. But my question is Since My H1 from Company A expired (including i - 94) and i have a LIN number from company B now . What is my status .??? Please help me
 
Layoff within 180 days

Hello,

     We are facing a similar situation here. I have got a layoff in Nov. end, I have now received the receipt for AOS. Can I go to the INS local office and pick up my EAD card?
      Your situation seems similar; what is your lawyer\'s opinion, and how are you making out now? Have you got your EAD at this point? Please let me know At hx24@hotmail.com ASAP. Thanks.
                                                   HShah
 
Lay off within 180 days

Please explain why the GC approval should not be with 180 days. What happens if the GC is approved within the 180 days and you are laid off, what is the outcome.
 
after layoff, what are my options?

My company is laying my whole departmet off next month. I just get I-485 filed today.
Am I still legal after being fired if I don\'t change status?
Should I ask my wife to apply for a F-1 now so that I can stay as F-2 in case of getting fired?
If I can stay on my company\'s payroll as unpaid vacation until after 6 months, when I can find another company and file AC21 to switch, can I safely get green card?
Do you know other options?
Thanks.
 
Urgent advice required

Hi Friends-
I know that this issue may have been raised many a times... But im checking it myself again.

Got my I485 receipt date as Aug 10th and notice date as Sept 9th.
Got laid off on Oct 9th.
Have applied for EAD & AP but only recvd AP although nearly 150 days have passed.
Am expecting to complete 180 days wait period on Feb 10th (as per my receipt date).

1) Should i go and ask INS for my EAD or wait till 180 days are over.
2) Incase i get a job offer now, should i try to transfer my H1 or wait for EAD and then work using that.
3) If i cross 180 days and work on EAD for another company, will INS ask for proof (like pay stubs) of being with the sponsoring company for 180 days, or will the new job offer letter be sufficient.

Please help guys... Any advice will be highly appreciated.

Thanks once again.
Rajiv
 
ATTN: friends with Less than 180 days with Layoff situation

I was in the same boat
My 180 days got over on 20th Jan 2002

I guess I will be one of the few early users of the 180 days law.

 If you got laid off after 485 has been filed and 180 days are not over Here is waht to do:

   - Make sure your previous company doesn\'t stop your GC (485) processing
   - Do not file for another H1, it may conflict with 485

   - 485 doesn\'t stop unless company specifically withdraws the case

   - Wait until you receive your EAD and the 180 days are over from the Receipt date (yes, not Notice Date, confirmed from two lawyers)
 
   - accept a job which allows you to use EAD - this is legal and perfectly valid.

  - Dont Worry. GC will go on. The law has been defined to help people like us, noto to punish us because we get laid off !!

  - Enjoy the 180 minus remaining days !!

  - Consult an attorney if you can. Everybody interprets the law differently.
 
Re: ATTN: friends with Less than 180 days with Layoff situation

shripad,

So, you cautiously remained unemployed till 180 days were over.
How long did you wait being unemployed?
It could be pretty tough to wait for a few months without any income.

As far as I understand, one can change job even within 180 days using EAD but should notify INS about job change till 180 days are over.
Why do you think that it is safer to wait being unemployed?
Is it because INS will try verify when you joined the new company?
 
Can 2 GCs be processed at the same time?

Hi

I want to apply for a GC. But my current company is vacillating. So I am thinking of applying it thru my friend\'s company.
1) I want to know what are the cons of that? In what way will I be bound to that?
2) If in the future my current company does decide to apply for GC can I prefer that to the GC from friend\'s company? Will it impact my GC processing in any way?
 
EAD and beyond

I am just about to plan to file I-485 with AP and EAD through my current employer and I got job offer (similar description) from another company. New company is willing to wait until I got EAD. My questions are
1. Is there any way I can get EAD earlier (I heard it usually take 90 days)?
2. If I change employer, does my GC processing is affecting?

3. My H visa is still valid, what kind of option I can have?

Thanks very much in advance
 
Stain: 180 days Rule

Stain,
 
     I don\'t know if it is true when you say, you can join before 180 days are over and should (did you mean NOT) notify to INS after 180 days are over. I don\'t know if it\'s legal to do so. That\'s whay I waited for the 180 days to get over. I waited for about 4 months (with 2 months severance package) before I joined. Lawyers said that it\'s risky to join before 180 days are over - even using EAD.

   But the good news is that, I heard from a close friend that a friend of his, who changed the job before 180 days, was asked for RFE and he gave the new company\'s letter - and got approved !! so, may be IS is not strict enough on the 180 days - but again, every lawyer is different and every INS officer is different !! They don\'t have any regulation on what to do in such cases. So, unless it is really unbearable or a survival problem, better not to join before 180 days are over. But again - it\'s everyone\'s decision.

-shri
 
Layoff within 180 days

With the recent trends going on at VSC like July \'01 aprovals, I think that VSC might start adjudicating AOS cases before 180 days of 485 filing.
 
anbody with RFE/final approval in case of \'layoff before 180 days\'

Hi all,

I gone through all the postings in this thread. A lot of guys asked
similar questions (e.g. layoffs after I-140 approved but before
filing I-485; layoffs after filing I-485; layoffs after 180 days
are over, and having EAD in hand). I am in the same boat now.
My company shut down after I filed I-485, and I am working with
another company on H1B visa.

Now, I would like to see if people out there with similar cases,
have ever received RFE on their cases, or had their cases approved
without any issues ? If there exists any discussion thread which
follows such developments, guys, please post it here. OR we should
start a similar thread.

Thanks,

GC_c
 
LOCAL OFFICE EAD\'S

Please Note:!!! In going to the district office to request your EAD approval, the local office will have to get your case from the service center, and you will HAVE to go to an interview in for your green card approval.
 
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