Got Laid off this week - Please Help - Very Urgent

D

drk

Registered Users (C)
My friend working in big five got laid off this week. He might get a couple of more weeks . His lawyer has sent an email this week letting him know that his 485 has been filed last week? What should he do now? What are his options ? He only has one year four months on his H1 time. Please Help --very urgent

1. Can he continue his 485 after joining a different company?
2. Can he take vacation for six months and go to india? Not sure whether they will accept
3. I saw at several places sheela murthy saying that with in six months if INS does not adjudicate his case, He can go for AC 21 - 180 rules?

What are the other options? Any help would be highly appreciated
 
Hi..he need not panic

Ask him to find a job with similar job description.

Then ..wait till 6 months and if INS does not complete his case then he can say he has changed employers and send a letter to INS or wait to get RFE from INS and then respond.
 
Isn\'t it better to stay in USA until reach 180 days?

Per chat in Murthy\'s web, INS process I485 longer than 180 days. Usually RFE is issued after 180 days. If your friend get RFE before 180 days, he would have trouble. If after 180 days or no REF, he is lucky. Why doesn\'t he find a similiar job and do H-1 transfer? In case he got RFE before 180 days, he still have another effective H-1 visa to stay in USA. An effective H-1 doesn\'t hurt I485 at all. Or he could start another LC from the new company while his current I485 pending. This is just my penny. He need consult an attorney.
 
One more question?

I know friend is already in the 7th year H1B extension and in similar situation. Just applied 485 two months back and waiting for EAD/AP. Received the receipt notices. Due to the economic conditions, he is worried about getting layed off.

What options are there for this candidate?

Leave the country or wait till EAD comes through and be employed by some other company with same job description and start working after 180 days.

Any suggestions for this candidate. Appreciate advice.

Thanks.
 
Its not as easy as you think

The only ray of hope is INS does not issue an RFE. My lawyer
told me that a lot of people who are using the 180 days
rule are getting RFE for last 2 months pay check!!!
Where are we going to get it from???
 
No Title

The solution is then to find a new job ASAP!!!!! There are
cases (posted here) which have been approved even though applicant
was working for a different employer less than 180 days!
 
you are okay

According to my lawyer, you are okay.
You can use AC21 if your case doesn\'t get adjudicate in 180 days. If you change job before 180 days and get no RFE in 180 days, still you can use AC21.
Wait for your EAD card and work on EAD card rather than H1 to save your H1 time.
 
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