Getting laid off....

B

BostonVHyderabadi

Registered Users (C)
Hi,

I am sure some of you have gone through the situation that I am going through now.

I-485 ND March, 2000
H1 valid till March 2002

I"ll probably be laid off by March 30. I got the work permit last week.

What are my options now?

1) Using the work permit should I work elsewhere ?
1.1) If were to ask for RFE, should I present the letter from my new employer?
1.2) Do I need to find a new job in the same state ?

2) Should I get another H1-Visa ( I am sure I don\'t want to do this )

What a freakn life....

Thanks for input.
 
No Title

BostonV,

I am sorry it happenned to you. Here are some options that you may want to investigate ASAP:

0. Make a deal with the current employer if he can keep you on payrolls by paying 1 hour per pay period so that they claim you are a parttime employee. It doesn\'t matter if parttime or fulltime for AOS/EAD status.
1. If you have EAD, find an employer soon and begin working soon. If not, I am totally out of suggestions. Sorry.
2. If asked for an RFE and if you have the deal with the old employer, then you are OK. But if not, then send the employment letter from the new employer. If INS has issues with it, you can always take advantage of S.2045 interpretation of Job change if you have passed 180 calendar days fron implementing the law. You have strong case for a legal fight because INS is late in coming with regulations.

The key to all this is finding a good lawyer.

hope this helps
BK
 
No Title

BostonV: My sympathies are with you also but this is life this kind of stuff happens.. At the outset let me praise Bhanu for his excellent suggestions.

1) Yes find a different employer immediatley...
2) You can also excersize your H1 for option 1 although you don\'t count on it heavily try to use EAD as much as possible.
3) If an RFE comes maximum you may have to file for an amended I140 with the new employer. So it might be to your benifit to mention this to your new employer in case you get an RFE.
4)S.2045 was designed to cover this kind of situation. So don\'t worry unnecessarily but work hard on getting a new job..

Hope this helps
 
No Title

Sorry to hear about your situation, trust me all of us have gone thru some thing like this so don\'t worry you are not alone.

Suggestions
1] Yes you can work for ANY OTHER EMPLOYER FOR THE VALIDITY OF YOUR EAD
2]You do not require H1B from new employer but to be on the safer side ask them to apply for new H1 just in case if EAD is not renewed after one year what will you do ?????????
3] You sure can take advantage of AC-21 (S2045) portability provision "180 days (...........working days ????) after filing I 485 you can change an employer and still keep the same petition valid" provided YOUR NEW JOB IS IN THE SAME OR SIMILAR FIELD. so make sure you take new job accordingly.
4] You also can take advantage of 245i ( Recent law to leaglize illigal aliens) and have some body file for your labor BEFORE APRIL 2001

Take your lawyers advise and act soon.
All the best
 
No Title

One other suggestion.

Since you have sufficient time(some may not even get that), there may be recruiting companies who will be willing to sponsor you in the same category inorder to complete your GC. But definitely not without profit, so you can approach those companies(to my consent indian recruiting companies), if it is going to be tough for you to find full time placement for the same post.

There was another posting in this forum stating the 180days(S2045) was applied in his case.

So you should be fine if you are acting fast and choose a good lawyer/company.

Wish you best of luck.
 
No Title

Thanks for your response.

Pardon my igorance but what you do exactly mean by

"there may be recruiting companies who will be willing to sponsor you in the same category inorder to complete your GC.".

Ranjan, if you can elobarate on the above statement that would be great. Thanks

Do you know of anyone who has gone through this route? Getting a job with an Indian Company and who is willing to sponsor for my GC shouldn\'t be a problem. ( assuming the economy doesn\'t deteriorate further )

Thanks for your input again.
 
You must log in or register to reply here.
Top