going to be laid-off, please review my plan

X

xmen

Registered Users (C)
My employer has informed me that I will be laid-off by the end of April, it is now over 180 days since the RD of the concurrent filing of the I-140/485, but I don't think the I-140 is approved yet, according to the TSC processing times, it is going to take another 3 months at least before they get to my I-140, so this is what I am planning to do, I know there is some risk involve since the I-140 is not approved yet, but I don't think I have that any other option, please advise if there is anything else I can do:

- get a similar job based on the EAD
- wait for the I-140 to get approved and then file the AC21
- if it there is a RFE for the I-140, should I file the AC21 ?? I don't think my currrent employer will answer any future RFE, although they have promised not to revoke the I-140.


Thanks in advance for your help.

xmen
-------------------------------
TSC - EB1
I-140/I-485 RD 9/20/04 AD ??/??/??
FP 3/11/05
EAD/AP RD 9/20/04 AD 10/27/04
 
xmen said:
My employer has informed me that I will be laid-off by the end of April, it is now over 180 days since the RD of the concurrent filing of the I-140/485, but I don't think the I-140 is approved yet, according to the TSC processing times, it is going to take another 3 months at least before they get to my I-140, so this is what I am planning to do, I know there is some risk involve since the I-140 is not approved yet, but I don't think I have that any other option, please advise if there is anything else I can do:

- get a similar job based on the EAD
------------ join new employer with H1 transfer as good back up plan becase if I-140 gets denied then EAD AP, I-485 all will be denied and you will not have any status to work or stay in US
- wait for the I-140 to get approved and then file the AC21
------ -----------That you CAN do if I-140 gets approved and you get same/similar job and new employer is ready to give you futrure permanent job offer letter with same/similar job duties.
- if it there is a RFE for the I-140, should I file the AC21 ??
----------------- I-140 is filed by employer and RFE and reply to RFE has to be given by employer or employer lawyer, if they dont reply to RFE then I-140 will be denied and you will not have any base for filing AC21
I don't think my currrent employer will answer any future RFE, although they have promised not to revoke the I-140.
---------------- try to take the I-140 filing reciept and register on USCIS site or keep checking the online status of I-140 if RFE then request employer/ lawyer to reply it . request the employer not to withdraw or revoke the I-140. only your employer can save your stiation

Thanks in advance for your help.

xmen
-------------------------------
TSC - EB1
I-140/I-485 RD 9/20/04 AD ??/??/??
FP 3/11/05
EAD/AP RD 9/20/04 AD 10/27/04
Click to expand...
 
severance package

thanks for the suggestions, another question, on the severance package, the company is commiting to pay me for another 3 months after my last day, does that count like I am still working for the company ?? if so will they be forced to answer any RFE during that period ??

Thanks in advance

xmen
 
xmen said:
the company is commiting to pay me for another 3 months after my last day
Click to expand...

You might want to trade the severance for staying on payroll. I did that in 2001.

if so will they be forced to answer any RFE during that period ??
Click to expand...

They have never been "forced" to answer any RFE.
 
I-140 Approved !!!!!!!!

I cannot believe it, I have just received the magic email, my I-140 is being APPROVED !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

THANKS to everyone on this forum for your support.

One more question : Do I need to have an AC21 approbal before accepting a job offer ?? or can I accept a job offer and then file a AC21 ??


xmen
-------------------------------
TSC - EB1
I-140/I-485 RD 9/20/04
I-140 AD 04/04/05
I-485 AD ??/??/??
FP 3/11/05
EAD/AP RD 9/20/04 AD 10/27/04
 
u dont have to file ac21 proactively

i did not. just join the new job and then submit the ac21 document if u get an RFE for EVL. that is what I did.
 
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