Got laid off < 180 days, Experts please help - urgent!!!

[a_v1]

Hi All,

Need your help urgently!

Here are my details:

I applied for AOS/EAD/AP (EB2) at CSC in December 2001. I got laid of in first week of Jan 2002. My H1-B expires in March 2002. I have another 18 months to reach 6-year H1 period. My company is willing to continue/support my green card process and also willing to keep me as a part time employee with minimum salary.

What are my options now?

Here are some options I can think of:

1. Work part time using current H1-B and waits for EAD. Not working after H1-B expires in March and before getting EAD. Start working on EAD to pass 180 days. Check for another similar job and move using EAD.

2. Apply H1-B from another company and move (before 180 days) to that company once I get the receipt notice. So that I can continue on H status, in case I don’t get green card.

Thanks in advance.

 

[tt tt]

check the 180 day rule chat on www.shusterman.com today.

it might be of great help. CSC forces people to work for the
current employer for 6 months before they are willing to apply
Ac-21 rules to the case...other centers apply it more liberally
..if they dont adjucate it in 180 days then you are home and free.

Plus if your company is keeping the 485 process on, they I believe
you should be ok

good luck !

 

[a_v1]

Thanks for the info, How CSC knows whether I worked 6 months for the existing company or not?

How CSC knows that whether I worked 6 months for them or not (If my case did not adjudicate with in 180 days, which is most certainly possible)?

Other question is:

If I apply for another H1-B from a different company now, Is it going to trigger INS that I am intended to move the company and it results in a RFE?

All, Please send your comments to help to resolve my case.

 

[xians]

family leave option

Since your employer is willing to continue your green card.
see if you can apply for family leave for 1 year, that way you
can be still an employee. ask your attorney also