got laid off before 180 days

C

cscer

Registered Users (C)
Hello friends,

Got laid off today and don\'t know what I should do. I guess I have to find a new employer and start over from H-1, labor certificate, I-140 and I485, is that right?

My I485 receipt date is 5/30/01, notice date is 8/6/01.

Can anyone help me on this topic? I am so frustrated on the GC processing....

Thanks a lot.
 
No Title

-Talk to your employer. Try hard to ask them to put you on payroll without pay for 3 more months until 180 days is reached.
-Hire a good lawyer.
-Start looking for job.
 
My lawyer ( a very knowledgable one) said you DO NOT have to start all over again.

As I mentioned in the title, you do NOT have to start all over again as long as there is NO decision from the INS before the 180th day comes.

You surely can use 180 rule once the 180th is here. You CAN even use your your EAD if you have one starting now.

Best of luck and I believe you will not go through this any more.

I was on the edge of the same situation and I consulted the lawyer ahead of the time. I am not using it yet but it surely helped me with sleep at night :).

Ahoy
 
Can you work on EAD being on payroll without Pay for sponsoring Company?

Being on payroll without pay with Sponsoring Company after lay off may not work because you dont get any paystub or any other proof that you are in rolls! Only thing possible could be that the Employer should be give a letter saying that you are still employed, if required.

Also, being on the rolls of the sponsoring Company till 180 days, can you work on EAD in the meantime?
 
No Title

HI Caser,
If you could manage your old employer for not canceling your H1 till Nov 30. You do not have problem in GC processing. If he worries about your pay, ask him to pay very less amount for every month, then you can pay off that amount in other way. Do not work for any other company if he is continuing your pay and keep your H1-B valid.

Thanks,
Srak
 
FYI

Hi Caser,

If you go to www.murthy.com
click on chat.
look for archive 07/23/2001
You can find the question, answered(Given below) by murthy who is also good attorney. You will be having lot of questions regarding your problem in all of her chat archives. Go by recent is first since recently started having this kind of problem

-----------------------------------------------
Chat User : What if one loses job just after filing I-485 and EAD/AP? Is it legal to stay here and look for another Job?

Attorney Murthy : Yes, once I-485 is filed, the person is considered in valid status, so one can look for another job. With AC21 now, if the INS does not adjudicate the case within 180 days the person can also get GC with the already filed I-485, based upon similar job offer from another employer.
------------------------------------------------------------

Thanks,
Srak
 
No Title

When you find another job, you could request the prospective employer to initially assign the job as if it is contracted to your original company (without any additional financial commitments from the prospective employer). Generally, the original company may agree to this arrangement, because they do not have any financial burden under this arrangement. This arrangement may be continued just until the expiry of the 180-day period. After the 180-day period, it seems you can join the new company. For doing so, you may have to get prior permission from the INS.

Ravi
 
Travelling under Parole Visa while I-485 application is under processing: Will airlines refuse parol

I would like to know whether anyone had travelled by Singapore Airlines
under Parole Visa. My son and wife plan to travel from Chennai to the U.S. by Singapore Airlines within
two weeks; but,I was advised by a few friends that Singapore Airlines may
not allow passengers to board the plane with Parole Visa alone (without a visa stamped in the passport). My wife\'s
H4-visa has already expired, and hence she does not have a valid visa stamped in the passport. But she has a Parole Visa valid until January, next year. She had been in India for the last four months.
I enquired with Singapore Airlines, but they do not seem to distinguish the parole visa from other visas.

  My specific query is whether airlines would allow a passenger to board the plane with only a parole visa and without any visa stamped in the passport. If anybody has first-hand experience in travelling by Singapore Airlines
under Parole Visa, please give a reply. Any experience at the Chennai airport in this regard would be particularly useful.

Thanks,

Ravi
 
Please ignore my previous posting as it does not belong to the current thread.

Please ignore my previous posting as it does not belong to the current thread.

Ravi
 
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