Got laid off today, I-140 Approved - Am I legal ?? Plz Help

H

helpneeded2003

Registered Users (C)
Hi
My company laid me off today.I want to know if it's legal to stay here and look for jobs. Here's my situation.

I dont have an H1 since I ran out of 6 years on my h1 and my labor wasnt in for 12 months I didn't qualify for h1 extension. However, they filed EAD and AP for me. So I have an EAD card valid till august 2005.

My I-140 was approved on Sept22, 2003.
My I-485 was filed concurrently with I-140 on June 3, 2003.
The following are my worries/concerns

1>Is it legal to stay here and look for another job
2> How long can i stay and look for a job ?
3> Would i qualify for the AC21 law? I'm not sure what that law is all about.
4>Can my employers cancel my GC application?Am I required to tell my employers anything? they might work with me since I had a good relationship.

Someone please help...I really need to figure this out..Thanks in advance all of you
TK
 
I would say that you are ok, since you have your EAD. You are lucky that your 140 was approved last year. You should get a job similar to your previous one, there are many who have informed INS after a job change and there are many who have waited to see if they get a EVL RFE, I guess you can do either.

Post this in the 485 forum too.

-jd
(the above is what I think, Iam not an attorney so use at your own risk)
 
Hi ,

BE COOL first ... Legally you are safe (as of my knowledge). First talk to ur attorney ...

1>Is it legal to stay here and look for another job

YES , U CAN USE EAD
2> How long can i stay and look for a job ?
AS LONG AS UR EAD VALID and ur EAD can Extend and USE ACT21--Talk to Attorney
3> Would i qualify for the AC21 law? I'm not sure what that law is all about.
YES ---Talk to Attorney

4>Can my employers cancel my GC application?Am I required to tell my employers anything? they might work with me since I had a good relationship.

DONT WORRY ---I belive you are in safer side because 140 approved


Thanks
 
Best course of action...

We are seeing that sometimes USCIS has denied 485 due to revokation of 140 by the employer. This is against the AC21 but still it happens due to rash action of USCIS which is later on turned over by appeal/MTR.

Now, I am not saying that your employer will revoke 140 intentionally since you have had good relations with them however sometimes the immigration department may do so indevertantly as a step in the closure of yor file at that employer.

Do not worry, you are OK since you have met the AC21 law requirements.

Best course of action for you will be to get another similar job ( same responsibilities, similar technologies etc. ) and than using a good alwyer send a AC21 letter to USCIS after you have joined the new job ( send the EVL and paystubs and AC21 support letter). Later on if the 485 is denied, the same lawyer will help you get through with Motion To Reopen or appeal whatever is necessary.

will_get_there
 
You Are OK...USE AC-21

I have a related but different question....I was wondering whether one would be entitle for state unemployment benifits while searching for the job on EAD after six months of pending I-485? Afterall we pay state taxes :confused:
 
helpneeded2003,
As will_get_there has suggested, you should file AC21 paperwork. In my openion, qualifying for AC21 and actually using it are 2 different things. I do not believe that you can go find ANY job and work on EAD. If I were you, I would find a new job, get a letter from that company that the job is permanent (of-course same job duties) and file AC21. Although you qualify for AC21, you still do not have a GC, so you should always have a permanent job offer with simillar job duties untill 485 gets approved.

Jaguar2004,
However bad it may sound, but this is how it works.
I do not think you should go for unemployment benifits, as you will be telling that you do not have a permanent job offer, that is required for getting your GC. What you do after getting GC is a different thing. :D If you just want to check if you qualify, then let me tell you that back in 2001, I heard that some people even on H1 were claming unemployment benifits. What happened to them afterwards, I do not know. :p

Eric
 
helpneeded2003, there is no timeframe when you have to find your next job. You are 100% qualify for AC21 so do not worry. The only thing you need to make sure is that if you got RFE or local interview for your I485, you should have a permanant job offer letter with you. You do not need to work for that new company yet, however, they have to offer you a similar and perminant job.

Meanwhile, you can also renew/apply for your EAD/AP without any problem. I do not think it matters for your old employer to revoke your approved I140, however, you might have a slight chance to have to open MTR to get your GC if the immigration officier is too dumb to know about AC21. For now, you are prefectly legal to stay in the US.


helpneeded2003 said:
Hi
My company laid me off today.I want to know if it's legal to stay here and look for jobs. Here's my situation.

I dont have an H1 since I ran out of 6 years on my h1 and my labor wasnt in for 12 months I didn't qualify for h1 extension. However, they filed EAD and AP for me. So I have an EAD card valid till august 2005.

My I-140 was approved on Sept22, 2003.
My I-485 was filed concurrently with I-140 on June 3, 2003.
The following are my worries/concerns

1>Is it legal to stay here and look for another job
2> How long can i stay and look for a job ?
3> Would i qualify for the AC21 law? I'm not sure what that law is all about.
4>Can my employers cancel my GC application?Am I required to tell my employers anything? they might work with me since I had a good relationship.

Someone please help...I really need to figure this out..Thanks in advance all of you
TK
Click to expand...
 
Sorry to hear this news.

There are many in your situation. I don't know where you work, but keep the following:

Never ever go and ask your HR about "whether this company revoke your approved I140".

Try to find out through your friends (who had similar situations), any other discussion board or better work with same company Attorney.

I think, you're safe and no need to leave. I would recommend you to join some small consulting firm where your could get the same position with similar skill set mentioned in your approved LC. If you're joining some big firm, make sure your Manager cooperates in giving these kind of documents if necessary.
 
whorl1quote said:
helpneeded2003, there is no timeframe when you have to find your next job. You are 100% qualify for AC21 so do not worry. The only thing you need to make sure is that if you got RFE or local interview for your I485, you should have a permanant job offer letter with you. You do not need to work for that new company yet, however, they have to offer you a similar and perminant job.

Meanwhile, you can also renew/apply for your EAD/AP without any problem. I do not think it matters for your old employer to revoke your approved I140, however, you might have a slight chance to have to open MTR to get your GC if the immigration officier is too dumb to know about AC21. For now, you are prefectly legal to stay in the US.
Click to expand...

Thanks a lot for the answer, i really appreciate it. What's an MTR ? Also when I apply for jobs should i tell them I am in this situation or should i just apply like any GC holder?
Thanks in advance
 
unitednations said:
MTR=motion to reopen

I just recently started looking for other job opportunities and one of the questions HR asks is "what is work status?" (note, they can only ask if you have work authorization, they cannot ask if you have greencard)

My response, I have work status and do not need sponsorship from the company. All I need is a job letter.

Generally, job letters have a description of duties on it. If it doesn't say everything I want it to say then I will request them to add items from the labor certification so that it would meet EVL standard in case uscis asks.

Your chance of finding another job goes up considerably when you answer you have work status and do not need sponsorship.
Click to expand...


Got another question..FIrst of all thanks for your answers!! Really! ...My queston is :
I'm getting offers now. I'm getting offers of which some are hourly rates. IS it ok to take a job which pays hourly rates?
Thanks again in advance
TX
 
Thanks a lot for all of your help. I really don't know how to thank all of you.

I got a job offer from a company and I joined 2nd week of Dec. Is there anything that I need to take care off regarding my I-140 and 485?

My situation was I got laid off from my previous employer and I had i-140 approved and 485 pending. I'm on EAD till Aug 2005.

Please advise. I hate to ask my lawyer this question as their fees are so high...Thanks in advance for your help.
 
AC-21 Change of employers

If your I-485 is pending for more than 6 months and I-140 already approved
u can change employers with similar job offer.
 
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